rpT«7TTT-1TTTT»i'i«iii'iTi'n'itiiiiiii|ii1i|ii'»i|ii'i'i'i'i'i'H '«i|ii'ii|i- 


LIBBABY 

Storrs  Agricultural  College 

Class  j\To. . . . V.^O. . . . 

flfl<g.CMpr..'\,.|ftoo, 


■  i ,1,1.)  .1.1.1,1.1. pmr^TTPTT'I'i'i'.' i'ji|'i'i'i'i'i'iQ 


lut:^    / 


BOOK    940.P384    1st  ser   v.6   c.  1 
PENNSYLVANIA   UNIVERSITY   #   T 
RANSLATIONS   AND    REPRINTS 


3    T153    OOElEblM    4 


in 


Vol.  VI.  Series  for  1899. 

Translations  and  Reprints 

FROM  THE 

Original  Sources  of  European  History 


PUBLISHED  BY 
THE  DEPARTMENT  OF  HISTORY 

OF  THE 
UNIVERSITY  OF  PENNSYLVANIA. 


Philadelphia,  Pa.,  1900. 

English  Agency:    P.  S.  KING  &  SON,   2  &  4  Great   Smith   St.,  Westminster, 

London,  S.  W. 


— 


4-- 


"\U<&. 


I.       French  Philosophers  of  the  Eighteenth  Century. 

Edited  by  Merrick  WhiTCOMb,  Ph.  D. 

II.       The  X.  Y.  Z.  Letters. 

Edited  by  HERMAN  V.  AMES,  Ph.  D.,  and 
John  Bach  McMaster,  Li?t.  D. 

III.  The  Early  Germans. 

Edited  by  Arthur  C.  Howi^and,  Ph.  D. 

IV.  Notitia  Dignitatum  or  Register  of  Dignitaries. 

Edited  by  Wiwjam  Faireey,  D.  D.,  Ph.  D. 

V.  Laws  of  Charles  the  Great. 

Edited  by  Dana  Cari,eton  Munro,  A.  M. 


TABLE  OF  CONTENTS. 


Roman  numerals  refer  to  the  numbers;  Arabic  numerals  to  the  pages. 


Alamanni:  Battle  with,  ill.     jo. 

Ammianus  Marcellinns :  Extract  from   the  XVIth 

Book  describing  a  battle  with  the  Alamanni,         in.      30. 
Am-mianus  Marcellinus  :  Extract  from  the  XXVIIth 

Book  illustrating  Roman  policy  in  dealing  with 

the  Germans, 
Army  of  Charles  the  Great :  Laws, 
Angus  tal  Prefect, 
B  arras:  Speech  of  President, 
Bibliographical  Note, 
Bibliography  of  X.  Y.  Z.  Letters, 
Ccesar :  Extract  from  the  Gallic  War, 
Capitularies  relating  to  the  Army, 
Capitularies  relatijig  to  Education, 
u  Capitulatio  de  partibus  Saxonioe" 
Castellans, 

Charles  the  Great :  Laws  for  Army, 
Charles  the  Great :  Laws  for  Education, 
Charles  the  Great ;  Letter  of,  ' '  De  litteris  colendis,  "v.     12. 
Chiefs  of  the  notaries,  >  IV.  75,  JJ. 


III. 

35- 

V. 

6. 

IV. 

16. 

I. 

16. 

IV. 

40. 

I. 

j6. 

III. 

2. 

V. 

6. 

V. 

12. 

V. 

2. 

\  14, 

^35- 

V. 

6. 

\\ 

12. 

CONTENTS. 

Consular  of  Palestine \  of  Campania, 

Correctoj  of  Apidia  and  Calabria, 

Count  of  the  Egyptian  frontier, 

Counts  of  the  household  horse  and  foot, 

Counts  of  the  pi-ivate  domain, 

Counts  of  the  sacred  bounties, 

D^Alembert:  Friars  of  La  Charite, 

"  De  Litteris  Colendis," 

Despatches  of  American  Envoys, 

Diderot :  The  Philosopher, 

Division  of  the  Kingdoms,  806, 

Duke  of  Scythia,  of  the  Armorican  tract, 

Education  under  Charles  the  Great, 

Entile:  Extracts  from, 

Envoys  of  the  United  States  to  France:  Despatches 

from, 
Envoys  of  the  United  States  to  France  :  Instructions  to,    I. 
Envoys  of  the   United  States  to  France :  Letters  to 

Talleyrand, 
u  Epistola  Generalis  Karoli," 
Friars  oj  La  Charite  :  by  D"  Alembert, 
Fulrad :  Letter  to, 

Fundamental  Laws  :   Voltaire  concerning, 
Gallic  War  :  Extracts  from, 
General  Capitulary  for  the  "  Missi,"  802, 
German  Guard  :  fosephus  concerning, 
Germany :   Tacitus, 


IV-  T9,39- 

IV. 

39- 

IV. 

'7- 

iv.  14,35. 

!V-  13,33- 

IV.    12, 

,30. 

I. 

24. 

V. 

12. 

I. 

4- 

I. 

20. 

V. 

27- 

iv.  19 

)38. 

V. 

12. 

I. 

16. 

les 
1. 

4> 

to,    1. 

2. 

to 

I-  25 

,28. 

V. 

14. 

I. 

24. 

V. 

11. 

I. 

7- 

III. 

2. 

V. 

16. 

III. 

*7- 

III. 

21. 

CONTENTS. 

Gerry  :  Correspo7idence  with  Talleyrand,  I.  ji,  j?. 

Hanteval:  Letter  of,  to  Talleyrand,  I.     j2. 

Holbach  :  Extracts  from  the  System  of  Nature,  I.     26. 

Insignia  of  the  master  of  the  offices,  iv.     28. 

Josephus :  Extract  from  the  Antiquities  of  the  Jews 

regarding  the  condtict  of  the  Gerinan  Guard  on 

the  micrder  of  Caligula, 
1 '  Karoli  Epistola  Generalis, ' ' 
Letter  of  Charles  to  Abbot  Fulrad, 
Masters  of  bureaus, 
Masters  of  the  offices, 
Masters  of  soldiery, 

Memorial  to  the  King  :  Extracts  from, 
u  Mis  si":  General  Capitulary  for, 
Montesquieu  :  Extracts  from  the  Persian  Letters, 
Montesquieu  :  Extracts  from  the  Spirit  of  the  Laws, 
Persian  Letters  :  Extracts  from, 
Philosopher,  the  :  by  Diderot, 
Philosophical  Dictionary  :  Extracts  from, 
President  of  Thebais,  of  Dalmatia, 
Pretorian  prefects, 
Proconsul  of  Asia, 
Provost  of  the  sacred  bedchamber, 
Qucestors, 

Roman  Policy  in  dealing  with  Germans, 
Rousseau  :  Extract  from  Emile, 
Rousseau  :  Extracts  from  the  Social  Contract, 


III. 

27- 

V. 

14. 

V. 

11. 

iv.  15,35- 

IV.    II 

,28. 

iv.  8,  10 

,25- 

I. 

28. 

V. 

16. 

ers,          1. 

2. 

Laws,     1. 

3> 

1. 

2. 

1. 

20. 

1. 

9- 

iv.  20, 

,4-0. 

IV.  5,7,22, 

23. 

IV. 

16. 

IV. 

10. 

IV.    12, 

tJO. 

III. 

35- 

I. 

16. 

I. 

14. 

CONTENTS. 

Saxony:  " Capitulatio"  concerning, 

Sieyes  :  Extract  from  ' '  What  is  the  Third  Estate 

Social  Contract :  Extracts  from, 

Spirit  of  the  Laws  :  Extracts  from, 

System  of  Nature  :  Extracts  from, 

Tacitus:  Germany, 

Talleyrand  :    Correspondence  of, 

Talleyrand  :  Interview  of  American  Envoys  with, 

Talleyrand  :  Letters  of  American  Envoys  to, 

"  Third  Estate,  What  is  the  .-"  Extracts  from, 

Turgot :  Extract  from  Memorial  to  the  King, 

Vicar  of  Asia, 

Voltaire  :  Concerning  Fundamental  Laws, 

Voltaire  :  Extracts  from  the  Philosophical  Dictionary,  I. 

X.   Y.  Z.  Letters, 


V. 

2. 

"   I. 

32< 

I. 

14. 

I. 

3- 

I. 

26. 

III. 

4> 

I. 

28. 

I. 

27- 

I.    25, 

^28. 

I. 

3* 

I. 

28. 

IV. 

i7< 

I. 

7- 

y>  i. 

9> 

i. 

n- 

Translations  and  Reprints 

FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN   HISTORY. 
Voi<.  VI.    French  Philosophers  of  the  Eighteenth  Century.    No.  I. 

TABLE  OF  CONTENTS. 

I.      Montesquieu. 

Extract  from  the  Persian  Letters   ....       2 

Extracts  from  the  Spirit  of  the  Laws -3 

II.      Voltaire. 

Concerning  Fundamental  Laws 7 

Extracts  from  the  Philosophical  Dictionary 9 

III.  Rousseau. 

Extracts  from  the  Social  Contract 14 

Extract  from  Emile 16 

IV.  Diderot. 

The  Philosopher «    .    20 

V.       D'AlembERT. 

Friars  of  La  Charite 24 

VI.       Holbach. 

Extracts  from  the  System  of  Nature 26 

VII.       Turgot. 

Extract  from  Memorial  to  the  King 28 

VIII.      Sieves. 

Extract  from  "What  is  the  Third  Estate?" 32 


2  TRANSLATIONS  AND   REPRINTS. 

MONTESQUIEU. 

Charles  Louis  de  Secondat,  Baron  de  la  Brede  et  de  Montesquieu  was  born 
at  the  chateau  of  La  Brede,  ten  miles  from  Bordeaux,  in  January,  1689. 
His  title  of  Montesquieu  came  from  his  uncle,  Jean  Baptiste  Secondat,  who 
left  to  his  nephew  the  important  office  of  president  d  mortier  in  the  Parle- 
ment  of  Bordeaux.  His  early  years  were  studious  and  uneventful.  His 
parents  were  in  comfortable  circumstances  and  his  future  assured.  In  17 13 
he  was  admitted  counsellor  of  the  Parlement.  In  1716,  upon  the  death  of 
Jean  Baptiste,  he  succeeded  to  the  uncle's  name,  fortune  and  judicial  posi- 
tion. In  1726  Montesquieu  sold  the  life  tenure  of  his  presidency,  with  re- 
version to  his  son;  and  for  the  remainder  of  his  life  devoted  himself  to  travel 
and  literary  work.     He  died  on  the  10th  of  February,  1755. 

Montesquieu's  chief  literary  works  are  the  Lettres  Persanes,  a  work  of  the 
earlier  years  of  his  presidency;  Considerations  sur  les  Causes  de  la  Grandeur 
et  la  Dicadence  des  Romains,  which  appeared  anonymously  in  1734,  at 
Amsterdam;  and  the  Esprit  des  Lois,  his  most  serious  production  and  the 
source  of  his  enduring  fame,  published  at  Geneva  in  1748. 

The  most  important  biography  of  Montesquieu  is  by  Louis  Viau  (Vie  de 
Montesquieu,  2d  ed.,  Paris,  1879).  Cf.  Lowell:  Eve  of  the  French  Revolu- 
tion, Cap.  X.  The  best  edition  of  Montesquieu's  works  is  by  B.  Laboulaye, 
7  vols.,  Paris,  1875-79.  Cf.,  in  English,  The  Spirit  of  the  Laws,  translated 
by  Thomas  Nugent,  2  vols.,  London,  1878. 

THE  PERSIAN  LETTERS* 

LETTER  XXXVII. 

Usbek  to  Ibben  in  Smyrna. 

The  king  of  France  is  an  old  man.  We  have  no  instance  in 
our  history  of  a  monarch  that  has  reigned  so  long.  They  say  he 
possesses  to  an  extraordinary  degree  the  talent  of  making  himself 
obeyed.  He  governs  with  the  same  ability  his  family,  his  court, 
his  state.  He  has  often  been  heard  to  say  that  of  all  the  govern- 
ments of  the  world,  that  of  the  Turks  or  that  of  our  own  august 
sultan  pleased  him  most,  so  greatly  he  affected  the  oriental  style 
of  politics. 

I  have  made  a  study  of  his  character,  and  I  find  contradictions 
which  I  am  unable  to  reconcile:  for  example,  he  has  a  minister 
who  is  only  eighteen  years  old,  and  a  mistress  who  is  eighty;  he 
is  devoted  to  religion,  and  he  cannot  endure  those  who  say  it  must 
be  rigorously  observed;  although  he  flees  the  tumult  of  the  city 
and  has  intercourse  with  few,  yet  he  is  occupied  from  morning 

*  Lettres  Persanes  de  Montesquieu.    Ed.  L.  Thiesse\  P.  1834,  pp.  85-87. 


MONTESQUIEU.  3 

until  night  in  making  himself 'talked  about;  he  loves  trophies  and 
victories,  but  he  is  afraid  of  seeing  a  good  general  at  the  head  of 
his  troops,  lest  he  should  have  cause  to  fear  the  chief  of  a  hostile 
army.  He  is  the  only  one,  I  believe,  to  whom  it  has  ever  hap- 
pened that  he  was  at  the  same  time  overwhelmed  with  more  riches 
than  a  prince  might  hope  to  possess  and  burdened  with  a  poverty 
that  a  private  person  would  be  unable  to  bear. 

He  loves  to  gratify  those  that  serve  him;  but  he  rewards  the 
efforts,  or  rather  the  indolence,  of  his  courtiers  more  liberally  than 
the  arduous  campaigns  of  his  captains.  Often  he  prefers  a  man 
whose  duty  it  is  to  disrobe  him  or  hand  him  his  napkin  when  he 
seats  himself  at  dinner,  to  another  who  takes  cities  or  wins  him 
battles.  He  believes  that  the  sovereign  grandeur  ought  not  to  be 
limited  in  the  distribution  of  favors;  and  without  investigating  as 
to  whether  the  one  upon  whom  he  heaps  benefits  is  a  man  of 
merit,  he  believes  that  his  choice  renders  him  such;  so  that  he 
has  been  seen  to  give  a  small  pension  to  a  man  who  had  run  two 
leagues,  and  a  fine  government  to  another  who  had  run  four. 

He  is  magnificent,  especially  in  his  buildings.  There  are  more 
statues  in  the  gardens  of  his  palace  than  there  are  citizens  in  a 
great  city.  His  guard  is  as  strong  as  that  of  the  prince  before 
whom  all  thrones  are  overturned;  his  armies  are  as  numerous,  his 
resources  are  as  great  and  his  finances  as  inexhaustible. 

Paris,  the  jth  of  the  moon  of  Maharram,  17 13. 

EXTRACTS  FROM  THE  SPIRIT  OF  LA  JVS* 

POLITICAL  ORGANIZATION  DEPENDENT  UPON  CONDITIONS. 

From  Book  I.     Cap.  3. 

Besides  the  law  of  nations  relating  to  all  societies,  there  is  a 

polity  or  civil  constitution  for  each  particularly  considered.     No 

society  can  subsist  without  a  form  of  government.      The  united 

strength  of  individuals ;  as  Gravina  well  observes,  constitutes  what 

we  call  the  body  politic. 

The  general  strength  may  be  in  the  hands  of  a  single  person, 
or  of  many.  Some  think  that  nature  having  established  paternal 
authority,  the  most  natural  government  was  that  of  a  single 
person.     But  the  example  of  paternal  authority  proves  nothing. 

*  Translated  by  Thomas  Nugent,  LL.  D.  2  vols.  London.  G.  Bell  & 
Sons,  1878. 


4  TRANSLATIONS   AND   REPRINTS. 

For  if  the  power  of  a  father  relates  to  a  single  government,  that  of 
brothers  after  the  death  of  a  father,  and  that  of  cousins-german  after 
the  decease  of  brothers  refer  to  a  government  of  many.  The  polit- 
ical power  necessarily  comprehends  the  union  of  several  families. 

Better  it  is  to  say,  that  the  government  most  conformable  to 
nature  is  that  which  best  agrees  with  the  humour  and  disposition 
of  the  people  in  whose  favour  it  is  established. 

The  strength  of  individuals  cannot  be  united  without  a  con- 
junction of  all  their  wills.  The  conjunction  of  those  wills,  as 
Gravina  again  very  justly  observes,  is  what  we  call  the  civil  state. 

Law  in  general  is  human  reason,  inasmuch  as  it  governs  all  the 
inhabitants  of  the  earth ;  the  political  and  civil  laws  of  each 
nation  ought  to  be  only  the  particular  cases  in  which  human 
reason  is  applied. 

They  should  be  adapted  in  such  a  manner  to  the  people  for 
whom  they  are  framed,  that  it  should  be  a  great  chance  if  those 
of  one  nation  suit  another. 

They  should  be  in  relation  to  the  nature  and  principle  of  each 
government;  whether  they  form  it,  as  may  be  said  of  politic  laws; 
or  whether  they  support  it,  as  in  the  case  of  civil  institutions. 

They  should  be  in  relation  to  the  climate  of  each  country,  to 
the  quality  of  its  soil,  to  its  situation  and  extent,  to  the  principal 
occupation  of  the  natives,  whether  husbandmen,  huntsmen,  or 
shepherds  :  they  should  have  relation  to  the  degree  of  liberty 
which  the  constitution  will  bear;  to  the  religion  of  the  inhab- 
itants, to  their  inclinations,  riches,  numbers,  commerce,  manners 
and  customs.  In  fine,  they  have  relations  to  each  other,  as  also 
to  their  origin,  to  the  intent  of  the  legislator,  and  to  the  order  of 
things  on  which  they  are  established;  in  all  of  which  different 
lights  they  ought  to  be  considered. 

DISTINCTIVE  PROPERTIES  OF  GOVERNMENT. 
Book  VIII.  Cap.  i6-20y  passim. 
It  is  natural  for  a  republic  to  have  only  a  small  territory ;  other- 
wise it  cannot  long  subsist.  In  an  extensive  republic  there  are 
men  of  large  fortunes,  and  consequently  of  less  moderation  ;  there 
are  trusts  too  considerable  to  be  placed  in  any  single  subject ;  he 
has  interests  of  his  own ;  he  soon  begins  to  think  that  he  may  be 
happy  and  glorious  by  oppressing  his  fellow- citizens ;  and  that 
he  may  raise  himself  to  grandeur  on  the  ruins  of  his  country. 


MONTESQUIEU.  5 

In  an  extensive  republic  the  public  good  is  sacrificed  to  a  thous- 
and private  views;  it  is  subordinate  to  exceptions,  and  depends 
on  accidents.  In  a  small  one  the  interest  of  the  public  is  more 
obvious,  better  understood,  and  more  within  the  reach  of  every 
citizen;  abuses  have  less  extent,  and,  of  course,  are  less  protected. 

A  monarchical  state  ought  to  be  of  moderate  extent.  Were  it 
small,  it  would  form  itself  into  a  republic;  were  it  very  large,  the 
nobility,  possessed  of  great  estates,  far  from  the  eye  of  the  prince, 
with  a  private  court  of  their  own,  and  secure,  moreover,  from  sud- 
den executions  by  the  laws  and  manners  of  the  country — such  a 
nobility,  I  say,  might  throw  off  their  allegiance,  having  nothing 
to  fear  from  too  slow  and  too  distant  a  government. 

A  large  empire  supposes  a  despotic  authority  in  the  person  who 
governs.  It  is  necessary  that  the  quickness  of  the  prince's  reso- 
lutions should  supply  the  distance  of  the  places  they  are  sent  to; 
that  fear  should  prevent  the  remissness  of  the  distant  governor  or 
magistrate;  that  the  law  should  be  derived  from  a  single  person, 
and  should  shift  continually,  according  to  the  accidents  which 
necessarily  multiply  in  a  state  in  proportion  to  its  extent. 

A  NEW   PHYSICAL  CAUSE   OF  THE  SLAVERY  OF  ASIA,  AND  OF  THE 
LIBERTY  OF  EUROPE. 

Book  XVII,  Chap.  6. 

In  Asia  they  have  always  had  great  Empires;  in  Europe  these 
could  never  subsist.  Asia  has  larger  plains;  it  is  cut  out  into 
much  more  extensive  divisions  by  mountains  and  seas;  and  as  it 
lies  more  to  the  south,  its  springs  are  more  easily  dried  up;  the 
mountains  are  less  covered  with  snow;  and  the  rivers  being  not 
so  large,  form  more  contracted  barriers. 

Power  in  Asia  ought  then  to  be  always  despotic;  for  if  their 
slavery  was  not  severe  they  would  soon  make  a  division  incon- 
sistent with  the  nature  of  the  country. 

In  Europe  the  natural  division  forms  many  nations  of  a  mod- 
erate extent,  in  which  the  ruling  by  laws  is  not  incompatible 
with  the  maintenance  of  the  state;  on  the  contrary,  it  is  so 
favorable  to  it,  that  without  this  the  state  would  fall  into  decay, 
and  become  a  prey  to  its  neighbors. 

It  is  this  which  has  formed  a  genius  for  liberty  that  renders 
every  part  extremely  difficult  to  be  subdued  and  subjected  to  a 


6  TRANSLATIONS   AND   REPRINTS. 

foreign  power,  otherwise  than  by  the  laws  and  the  advantage  of 
commerce. 

On  the  contrary,  there  reigns  in  Asia  a  servile  spirit,  which 
they  have  never  been  able  to  shake  off,  and  it  is  impossible  to 
find  in  all  the  histories  of  that  country  a  single  passage  that  dis- 
covers a  freedom  of  spirit;  we  shall  never  see  anything  there  but 
the  excess  of  slavery. 


VOLTAIRE. 

Francois  Marie  Arouet  was  born  in  Paris,  November  21,  1694.  His  father 
was  a  prosperous  notary.  Voltaire  was  sent  to  the  Jesuit  school  of  Louis- 
le-Grand  in  1704  and  remained  there  until  1711.  His  father  desired  that  he 
should  take  up  a  legal  career,  but  Voltaire's  tastes  were  already  inclined 
towards  letters,  chiefly  through  the  influence  of  his  god-father,  the  abbe"  de 
Chateauneuf,  by  whom  he  was  introduced  into  the  fashionable  literary  set 
of  the  metropolis.  Voltaire's  first  literary  efforts  were  dramatic.  He  early 
acquired  fame,  and  by  the  great  variety  of  his  talents  and  his  remarkable 
intellectual  industry  rose  to  the  position  of  the  foremost  man  of  letters  of 
Europe. 

Voltaire's  life  was  never  marred  or  embittered  with  povert}7.  He  pos- 
sessed the  qualities,  rare  in  the  case  of  literary  men,  of  a  successful  manager. 
His  aristocratic  connections  gave  him  especial  opportunities  for  the  invest- 
ment of  his  patrimony,  and  in  this  manner  he  acquired  a  fortune. 

Much  of  Voltaire's  life  was  spent  out  of  France.  He  was  in  England 
from  1726  to  1729,  and  his  English  admirers,  and  critics  as  well,  are 
fond  of  the  suggestion  that  from  this  sojourn  he  drew  the  major  part  of 
his  substantial  inspiration.  From  1751  until  1753  he  was  at  Berlin,  the 
guest  of  Frederick  the  Great.  In  1754,  believing  that  his  liberal  opinions 
endangered  his  return  to  France,  he  acquired  a  property  near  Geneva,  at 
the  meeting-place  of  four  national  territories.  Here  at  Ferney  he  remained 
in  epistolary  touch  with  all  the  leading  minds  of  Europe,  and  exercised  a 
potent  influence  for  the  extension  of  rational  ideas.  During  this  period  his 
tireless  efforts  in  defense  of  the  victims  of  religious  and  political  tyranny  in 
France  constitute  the  most  admirable  chapter  of  his  life.  In  February,  1778, 
Voltaire  visited  Paris,  in  order  to  be  present  at  the  initial  performance  of  a 
new  tragedy,  Irene,  and  was  received  with  unbounded  enthusiasm.  He  died 
on  May  30th  of  the  same  year. 

Voltaire's  literary  activity  was  so  great  that  only  the  briefest  account  of 
his  works  can  be  given  here.  It  is  usual  to  divide  them  into  groups: 
dramatic,  poetical,  romantic,  scientific,  historical,  philosophical  and  epis- 
tolary. Of  these,  all  but  the  last  three  groups  may  remain  unnoticed  here. 
The  historical  group  embraces  the  Histoire  de  Charles  XII,  Histoire  de 
Vempire  de  Russie  sous  Pierre  le  Grand,  Siecle  de  Louis  XIV,  Steele  de 
Louis  XV,  and  the  Essai  sur  les  Moeurs,  a  general  genetic  treatment  of 


VOLTAIRE.  7 

history,  and  a  distinct  advance  upon  what  had  hitherto  been  produced. 
The  philosophical  group  has  for  its  most  important  work  the  Dictionnaire 
Philosophiquey  a  series  of  rationalistic  essays,  alphabetically  arranged, 
which  exhibit  Voltaire's  critical  powers  and  total  lack  of  modern  historical 
perspective.  Voltaire's  letters  are  of  great  interest,  both  as  showing  his 
mastery  of  style  and  his  position  as  intellectual  counsellor  of  Europe.  The 
name  of  Voltaire  was  originally  assumed  for  literary  purposes,  and  is  of 
uncertain  origin. 

Much  has  been  written  about  Voltaire,  but  the  greater  part  has  no  value 
for  the  student,  bearing  as  it  does  the  blemish  of  theological  prejudice. 
The  best  known  biography  in  French  is  undoubtedly  that  of  Condorcet  (ist 
ed.,  Paris,  1787).  In  later  times  a  sympathetic  and  at  the  same  time  critical 
essay  is  that  of  John  Morley.  Cf.  James  Parton's  Life  of  Voltaire.  There 
are  many  editions  of  Voltaire's  works.  The  so-called  edition  of  Kehl  (70 
vols.,  P.  1785-89)  is  perhaps  as  good  as  any. 

CONCERNING  FUNDAMENTAL  LA  WS* 

B.  I  have  always  heard  talk  of  fundamental  laws,  but  is  there 
any  such  thing  ? 

A.  Yes,  there  is  the  law  of  being  just;  and  nothing  funda- 
mental was  ever  more  often  shaken. 

C.  I  read  not  long  ago  one  of  those  very  rare  bad  books, 
which  the  curious  are  always  searching  for,  as  naturalists  collect 
fragments  of  petrified  animal  and  vegetable  substances,  imagin- 
ing that  in  this  way  they  will  discover  the  secret  of  nature. 
This  book  was  written  by  a  lawyer  of  Paris,  named  Louis 
Dorleans,  who  pleaded  strongly  against  Henry  IV.  before  the 
League,  and  who  fortunately  lost  his  suit.  See  how  this  juris- 
consult expresses  himself  concerning  the  fundamental  laws  of  the 
kingdom  of  France.  ' '  The  fundamental  law  of  the  Hebrews  was 
that  lepers  could  not  reign:  Henry  IV.  is  a  heretic,  hence  he  is 
leprous,  hence  he  cannot  be  king  of  France  according  to  the 
fundamental  law  of  the  Church.  The  law  contemplates  that  a 
king  of  France  shall  be  a  Christian  as  well  as  a  male;  whoever 
holds  not  to  the  Catholic  faith,  Apostolic  and  Roman,  is  not  a 
Christian  and  does  not  believe  in  God;  he  may  no  more  be  king 
of  France  than  the  greatest  jackanapes  in  the  world,"  etc. 

It  is  very  true  that  at  Rome  every  man  who  does  not  believe  in 
the  pope  is  a  disbeliever  in  God;  but  that  is  not  so  absolutely  true 
in  the  rest  of  the  world;  it  is  necessary  to  make  some  little  restric- 

*  Oeavres  completes  de  Voltaire.     Edition  Kehl.     Vol.  35,  pp.  332-336. 


8  TRANSLATIONS  AND   REPRINTS. 

tion:  and  it  seems  to  me  that,  taking  everything  into  considera- 
tion, Master  Louis  Dorleans,  advocate  to  the  Parlement  of  Paris, 
did  not  reason  quite  so  well  as  Cicero  and  Demosthenes. 

B.  It  would  please  me  to  see  what  would  become  of  the  funda- 
mental law  of  the  Holy  Roman  Empire,  if  some  day  the  electors 
should  take  a  fancy  to  choose  a  Protestant  Caesar  in  that  charm- 
ing city  of  Frankfort-on-Main. 

A.  The  same  thing  would  happen  which  has  happened  already 
to  the  fundamental  law  that  fixes  the  number  of  electors  at  seven, 
because  there  are  seven  heavens,  and  because  the  candlestick  of  a 
Jewish  temple  had  seven  branches. 

Is  it  not  a  fundamental  law  in  France  that  the  domain  of  the 
King  is  inalienable?  How  is  it  then  that  it  is  almost  wholly 
alienated  ?  You  will  say  that  all  these  foundations  are  laid  upon 
shifting  sand.  The  laws  which  they  call  fundamental  laws  are, 
like  all  others,  nothing  more  than  laws  of  convention,  of  ancient 
usage,  of  ancient  prejudice,  which  change  according  to  the  times. 
Ask  the  Romans  of  to-day  if  they  have  preserved  the  fundamental 
laws  of  the  ancient  Roman  republic.  It  was  well  that  the  domains 
of  the  kings  of  England,  France  and  Spain  should  remain  attached 
to  the  crown  when  the  kings  lived  as  you  and  I,  from  the  product 
of  their  lands;  but  to-day,  when  they  live  exclusively  from  taxes 
and  imposts,  what  matters  it  whether  they  possess  the  domains 
or  not  ?  When  Francis  I.  failed  in  his  promise  to  Charles  V. ,  his 
conqueror,  when  in  this  connection  he  violated  his  oath  to  yield 
up  Burgundy  to  him,  he  caused  it  to  be  represented  by  his  lawyers 
that  the  Burgundians  were  inalienable;  but  if  Charles  V.  had  come 
to  him  to  make  representations  to  the  contrary  at  the  head  of  a 
great  army,  the  Burgundians  would  have  been  quite  alienable. 

Franche-Comte,  whose  fundamental  law  was  to  be  free  under 
the  house  of  Austria,  is  attached  to-day  in  an  intimate  and  essen- 
tial manner  to  the  crown  of  France.  The  Swiss  once  held  materi- 
ally to  the  empire,  and  now  hold  materially  to  liberty. 

It  is  this  liberty  which  is  the  fundamental  law  of  all  nations;  it 
is  the  only  law  against  which  there  is  no  proscription,  because  it 
is  the  law  of  nature.  The  Romans  might  say  to  the  pope  :  our 
fundamental  law  at  the  start  was  to  have  a  king  who  reigned  over 
a  league  of  country;  then  it  was  to  elect  two  consuls,  then  two 
tribunes;  then  our  fundamental  law  was  to  be  devoured  by  an 
emperor,  then  to  be  devoured  by  the  peoples  come  from  the  north, 


VOLTAIRE.  9 

then  to  be  in  a  state  of  anarchy,  then  to  die  of  hunger  under  the 
government  of  a  priest.  At  length  we  return  to  the  true  funda- 
mental law,  which  is  to  be  free:  go  and  give  elsewhere  your 
indulgences  in  articulo  mortis,  and  go  forth  from  the  Capitol, 
which  was  not  built  for  you ! 

B.  Amen  ! 

C.  You  cannot  help  hoping  that  the  thing  will  arrive  some  day. 
It  would  be  a  fine  sight  for  our  grandchildren. 

A.  Would  to  Heaven  that  the  grandparents  might  have  the 
pleasure!  It  is  of  all  revolutions  the  easiest  to  bring  about;  and 
meanwhile  no  one  thinks  of  it. 

B.  It  is  because,  as  you  have  said,  the  chief  characteristic  of 
men  is  to  be  sots  and  poltroons.  The  Roman  rats  are  not  yet 
knowing  enough  to  bell  the  cat. 

C.  Shall  we  not  admit  then  any  fundamental  law  whatsoever  ? 
A.  Liberty  embraces  all.     That  the  agriculturist  should  not  be 

vexed  by  a  tyrant's  minion;  that  no  citizen  should  be  imprisoned 
without  immediate  trial  before  his  natural  judges,  who  shall  de- 
cide between  him  and  his  prosecutor;  that  no  one  shall  take  from 
a  man  his  meadow  or  his  vineyard,  under  pretext  of  the  public 
good,  without  ample  recompense;  that  they  shall  seek  the  people's 
good,  instead  of  wishing  to  rule  over  them  in  fattening  on  their 
substance;  that  the  law,  and  not  caprice  shall  reign. 
C.  The  human  race  is  ready  to  endorse  all  that. 

EXTRACTS  FROM  THE  PHILOSOPHICAL  DICTIONARY* 

America. 

Since  framers  of  systems  are  continually  conjecturing  on  the 
manner  in  which  America  can  have  been  peopled,  we  will  be 
equally  constant  in  saying  that  He  who  caused  flies  to  exist  in 
those  regions,  caused  men  to  exist  there  also.  However  pleasant 
it  may  be  to  dispute,  it  cannot  be  denied  that  the  Supreme  Being 
who  lives  in  all  nature  has  created,  about  the  forty-eighth  degree, 
two-legged  animals  without  feathers,  the  colour  of  whose  skin  is 
a  mixture  of  white  and  carnation,  with  long  beards  approaching 
to  red;  about  the  line,  in  Africa  and  its  islands,  negroes  without 
beards;  and  in  the  same  latitude,  other  negroes  with  beards,  some 
of  them  having  wool  and  some  hair  on  their  heads;  and  among 

*  London:   W.  Dugdale,  Vol.  I.,  passim.  . 


IO  TRANSLATIONS   AND   RKPRINTS. 

them  other  animals  quite  white,  having  neither  hair  nor  wool, 
but  a  kind  of  white  silk.  It  does  not  very  clearly  appear  what 
should  have  prevented  God  from  placing  on  another  continent 
animals  of  the  same  species,  of  a  copper  colour,  in  the  same  lati- 
tude in  which,  in  Africa  and  Asia,  they  are  found  black;  or  even 
from  making  them  without  beards  in  the  very  same  latitude  in 
which  others  possess  them. 

To  what  lengths  are  we  carried  b}^  the  rage  for  system  joined 
with  the  tyranny  of  prejudice!  We  see  these  animals;  it  is 
agreed  that  God  has  had  the  power  to  place  them  where  they 
are;  yet  it  is  not  agreed  that  He  has  so  placed  them.  The  same 
persons  who  readily  admit  that  the  beavers  of  Canada  are  of 
Canadian  origin,  assert  that  the  men  must  have  come  there  in 
boats,  and  that  Mexico  must  have  been  peopled  by  some  of  the 
descendants  of  Magog.  As  well  might  it  be  said,  that  if  there  be 
men  in  the  moon,  they  must  have  been  taken  thither  by  Astolpho 
on  his  hippogriff,  when  he  went  to  fetch  Roland's  senses  which 
were  corked  up  in  a  bottle.  If  America  had  been  discovered  in 
his  time,  and  there  had  then  been  men  in  Europe  systematic 
enough  to  have  advanced,  with  the  Jesuit  Eafitan,  that  the  Car- 
ribees  descended  from  the  inhabitants  of  Caria,  and  the  Hurons 
from  the  Jews,  he  would  have  done  well  to  have  brought  back 
the  bottle  containing  the  wits  of  these  reasoners,  which  he  doubt- 
less would  have  found  in  the  moon,  along  with  those  of  Angelica's 
lover. 

The  first  thing  done  when  an  inhabited  island  is  discovered  in 
the  Indian  Ocean,  or  in  the  South  Seas,  is  to  enquire  "whence 
came  these  people  ?  ' '  but  as  for  the  trees  and  the  tortoises,  they 
are,  without  any  hesitation,  pronounced  to  be  indigenous;  as  if  it 
was  more  difficult  for  Nature  to  make  men  than  to  make  tortoises. 
One  thing,  however,  which  tends  to  countenance  this  system  is, 
that  there  is  scarcely  an  Island  in  the  Eastern  or  the  Western 
Ocean,  which  does  not  contain  jugglers,  quacks,  knaves,  and 
fools.  This,  it  is  probable,  gave  rise  to  the  opinion  that  these 
animals  are  of  the  same  race  with  ourselves. 

Dogmas. 

We  know  that  all  belief  taught  by  the  church  is  a  dogma  which 
we  must  embrace.  It  is  a  pity  that  there  are  dogmas  received  by 
the  Latin  church  and  rejected  by  the  Greek.     But  if  unanimity  is 


VOLTAIRE.  1 1 

wanting,  charity  replaces  it.      It  is,  above  all,  between   hearts 
that  union  is  required. 

I  think  that  we  can  relate  a  dream  to  the  purpose,  which  has 
already  found  favor  in  the  estimation  of  many  peaceably  disposed 
persons. 

II  On  the  1 8th  of  February,  in  the  year  1763  of  the  vulgar  era, 
the  sun  entering  the  sign  of  the  Fishes,  I  was  transported  to 
Heaven,  as  all  my  friends  can  bear  witness.  The  mare  Borac,  of 
Mahomet,  was  not  my  steed,  neither  was  the  fiery  chariot  of 
Elijah  my  carriage.  I  was  not  carried  on  the  elephant  of  Somon- 
ocodom,  the  Siamese;  on  the  horse  of  St.  George,  the  patron  of 
England;  nor  on  St.  Anthony's  pig.  I  avow  with  frankness  that 
my  journey  was  made  I  know  not  how. 

11  It  will  be  easily  believed  that  I  was  dazzled;  but  it  will  not 
so  easily  be  credited  that  I  witnessed  the  judgment  of  the  dead. 
And  who  were  the  judges?  They  were — do  not  be  displeased 
at  it — all  those  who  have  done  good  to  man.  Confucius,  Solon, 
Socrates,  Titus,  Antoninus,  Epictetus,  Charron,  DeThou,  Chan- 
cellor de  l'H6pital,  and  all  the  great  men  who,  having  taught  and 
practised  the  virtues  that  God  requires,  seemed  to  be  the  only 
persons  possessing  the  right  of  pronouncing  His  decrees. 

"  I  remarked  that  every  spirit  who  pleaded  his  cause,  and  dis- 
played his  specious  pretensions,  had  beside  him  all  the  witnesses 
of  his  actions.  For  example,  when  Cardinal  Lorraine  boasted  of 
having  caused  some  of  his  opinions  to  be  adopted  by  the  Council 
of  Trent,  and  demanded  eternal  life  as  the  price  of  his  orthodoxy, 
there  immediately  appeared  around  him  twenty  ladies  of  the 
court,  all  bearing  on  their  foreheads  the  number  of  their  inter- 
views with  the  cardinal.  I  also  saw  those  who  had  concerted 
with  him  the  foundations  of  the  infamous  league.  All  the 
accomplices  of  his  wicked  designs  surrounded  him. 

"Over  against  Cardinal  Lorraine  was  John  Calvin,  who  boasted, 
in  his  gross  patois,  of  having  trampled  upon  the  papal  idol,  after 
others  had  overthrown  it.  *  I  have  written  against  painting  and 
sculpture,'  said  he;  'I  have  made  it  apparent  that  good  works 
are  of  no  avail,  and  I  have  proved  that  it  is  diabolical  to  dance  a 
minuet.  Send  away  Cardinal  Lorraine  quickly,  and  place  me  by 
the  side  of  St.  Paul.' 

"As  he  spoke  there  appeared  by  his  side  a  lighted  pile;  a 
dreadful  spectre,  wearing  around  his  neck  a  Spanish  frill,  arose 


12  TRANSLATIONS   AND   REPRINTS. 

half  burnt  from  the  midst  of  the  flames,  with  dreadful  shrieks. 
'Monster,'  cried  he;  'execrable  monster,  tremble,  recognize  that 
Servetus,  whom  thou  causedst  to  perish  by  the  most  cruel  tor- 
ments, because  he  had  disputed  with  thee  on  the  manner  in  which 
three  persons  can  form  one  substance.'  Then  all  the  judges  com- 
manded that  Cardinal  Lorraine  should  be  thrown  into  the  abyss, 
but  that  Calvin  should  be  punished  still  more  rigorously. 

"  I  saw  a  prodigious  crowd  of  spirits,  each  of  which  said,  'I 
have  believed,  I  have  believed!'  but  on  their  forehead  it  was 
written,  '  I  have  acted,'  and  they  were  condemned. 

The  Jesuit  Le  Tellier  appeared  boldly  with  the  bull  Unigenitus 
in  his  hand.  But  there  suddenly  arose  at  his  side  a  heap,  con- 
sisting of  two  thousand  lettres-de-cachet.  A  Jansenist  set  fire  to 
them,  and  I^e  Tellier  was  burnt  to  a  cinder;  while  the  Jansenist, 
who  had  no  less  caballed  than  the  Jesuit,  had  his  share  of  the 
flames. 

"I  saw  approach,  from  right  and  left,  troops  of  fakirs,  talapoins, 
bonzes  and  black,  white  and  grey  monks,  who  all  imagined  that, 
to  make  their  court  to  the  Supreme  Being,  they  must  either  sing, 
scourge  themselves,  or  walk  quite  naked.  '  What  good  have  you 
done  to  men  ?  '  was  the  query.  A  dead  silence  succeeded  to  this 
question.  No  one  dared  to  answer;  and  they  were  all  con- 
ducted to  the  mad-house  of  the  universe,  the  largest  buildings 
imaginable. 

' '  One  cried  out  that  he  believed  in  the  metamorphosis  of  Xaca, 
another  in  those  of  Somonocodom.  '  Bacchus  stopped  the  sun 
and  moon!'  said  this  one — ' The  gods  resuscitated  Pelops! '  said 
the  other — '  Here  is  the  bull  in  coena  Domini!''  said  a  new-comer 
— and  the  officer  of  the  court  exclaimed,  '  To  Bedlam,  to  Bedlam! ' 

' l  When  all  these  causes  were  gone  through,  I  heard  this  procla- 
mation: '  By  the  Eternal  Creator,  Preserver,  Rewarder,  Revenger, 
Forgiver,  etc.,  be  it  known  to  all  the  inhabitants  of  the  hundred 
thousand  million  of  millions  of  worlds  that  it  hath  pleased  us  to 
form,  that  we  never  judge  any  sinners  in  reference  to  their  own 
shallow  ideas,  but  only  as  to  their  actions.     Such  is  our  Justice.' 

"  I  own  that  this  was  the  first  time  I  ever  heard  such  an  edict; 
all  those  which  I  had  read,  on  the  little  grain  of  dust  on  which  I 
was  born,  ended  with  these  words:   'Such  is  our  pleasure.'  " 


ROUSSEAU.  13 

ROUSSEAU. 

Jean  Jacques  Rousseau  was  born  at  Geneva,  June  28,  1712.  His  mother 
died  at  his  birth,  and  his  father,  a  watchmaker,  seems  to  have  contributed 
little  of  value  to  Rousseau's  early  training.  At  the  age  of  sixteen  we  find 
him  wandering  aimlessly  in  Savoy,  exposed  to  the  most  demoralizing  in- 
fluences. In  1745  he  is  in  Paris,  after  thirty -three  years  of  unproductive 
existence.  By  copying  music  he  obtained  here  a  meagre  subsistence,  which 
he  chose  to  share  with  a  maid-servant,  Therese  Lavasseur,  with  whom  he 
lived  during  theremainder  of  his  life. 

It  was  at  this  period  that  a  distinct  change  came  into  Rousseau's  life;  so 
marked  a  change,  indeed,  that  from  this  time  forth,  instead  of  a  social  waif, 
Rousseau  became  one  of  the  ablest  and  most  prolific  of  French  writers. 
The  impetus  to  this  change  was  furnished  by  the  Academy  of  Dijon,  which 
offered  a  prize  for  the  best  disquisition  upon  the  tendencies  of  civilization. 
Rousseau  became  a  competitor  for  the  prize,  and  won  it.  The  social  phil- 
osophy evolved  in  this  effort,  however  new  it  may  have  been  to  Rousseau  at 
the  time,  became  the  keynote  of  his  future  philosophy.  He  took  his  stand 
against  the  cultural  tendencies  of  the  time,  advocating  a  return  to  a  more 
natural  system.  In  this  way  his  philosophy  became  a  valuable  corrective  to 
the  artificial  tendencies  prevailing  in  French  life  since  the  time  of  Louis 
XIV. ;  and  in  the  same  manner  his  emphasis  upon  sentiment  as  opposed  to 
reason  had  no  doubt  some  value  as  a  counterpoise  to  the  ultra-rationalism 
of  the  philosophers.  In  any  event  it  might  be  claimed  for  Rousseau  that 
more  than  any  other  writer  of  modern  times  he  has  influenced  the  social  life 
of  his  century. 

Rousseau's  literary  success  brought  him  in  contact  with  fashionable  and 
literary  society  in  Paris.  He  became  a  social  lion,  although  never  a  tract- 
able one.  His  early  life  was  individualistic,  and  the  whole  tendency  of  his 
mental  activity  was  toward  introspection.  It  is  interesting  in  this  connec- 
tion to  compare  him  with  Voltaire.  Many  of  those,  indeed,  who  have  dealt 
with  Rousseau,  have  preferred  this  comparative  method.  The  two  men 
present  a  most  complete  contrast;  and  although  each  was  thoroughly  con- 
scious of  the  other's  ability,  there  was  no  bond  of  sympathy  between  them, 
either  in  their  lives  or  in  their  works.  Voltaire  lived  his  life  in  comparative 
luxury;  Rousseau  was  a  creature  of  poverty,  but  it  was  a  well-ordered 
poverty,  because  his  fundamental  principle  of  life  was,  that  extensive  grati- 
fications are  not  necessary  to  a  happy  life.  Rousseau's  later  years  were 
clouded  with  mental  disorder.     He  died  July  2,  1778. 

A  certain  amount  of  contempt  has  been  thrown  upon  Rousseau's  char- 
acter by  the  publication  of  his  Confessions.  This  is  the  inevitable  result  of 
a  too  ingenuous  self-analysis.  It  is  not  impossible,  although  no  standard 
exists  for  such  measurement,  that  Rousseau  possessed  more  than  his  share 
of  great  and  petty  vices.  His  whole  career  gives  the  impression  of  the  union 
of  great  force  and  weakness;  but  his  political  and  social  philosophy,  how- 
ever little  it  may  have  influenced  his  own  life,  is  nevertheless  of  great  im- 


14  TRANSLATIONS  AND   REPRINTS. 

portance,  on  account  of  the  effect  it  has  produced  upon  others;  which 
of  itself  shows  that  he  was  most  closely  in  sympathy  with  the  under- 
currents of  his  time. 

Rousseau's  chief  works  are  La  Nouvelle  Heiolse  (1760),  the  Contrat  Social 
(1762)  and  Emile  {de  V Education,  1762).  The  Confessions  were  published 
at  Geneva  in  1782.  The  best  biography  of  Rousseau  in  French  is  that  of 
Saint  Marc  Girardin  (1874),  and  a  good  English  work,  although  inferior  to 
his  "  Voltaire,"  is  by  John  Morley  (2  v.  Macmillan,  1891).  The  best  edition  of 
Rousseau's  works  is  that  of  Musset-Pathay  (Paris,  1823).  For  a  bibliography 
of  Rousseau  see  Bulletin  of  Boston  Public  Library,  April,  1891;  cf.  Brunetiere, 
F.:  Manual  of  the  Hist,  of  French  Literature  (Crowell,  1898)  Cap.  3. 

EXTRACTS  FROM  THE  SOCIAL  CONTRACT} 

Since  no  man  has  any  natural  authority  over  his  fellowmen,  and 
since  force  is  not  the  source  of  right,  conventions  remain  as  the 
basis  of  all  lawful  authority  among  men.2 

Now,  as  men  cannot  create  any  new  forces,  but  only  combine 
and  direct  those  that  exist,  they  have  no  other  means  of  self- 
preservation  than  to  form  by  aggregation  a  sum  of  forces  which 
may  overcome  the  resistance,3  to  put  them  in  action  by  a  single 
motive  power,  and  to  make  them  work  in  concert. 

This  sum  of  forces  can  be  produced  only  by  the  combination  of 
many;  but  the  strength  and  freedom  of  each  man  being  the  chief 
instruments  of  his  preservation,  how  can  he  pledge  them  without 
injuring  himself,  and  without  neglecting  the  cares  which  he  owes 
to  himself?  This  difficulty,  applied  to  my  subject,  may  be  ex- 
pressed in  these  terms. 

' '  To  find  a  form  of  association  which  may  defend  and  protect 
with  the  whole  force  of  the  community  the  person  and  property 
of  every  associate,  and  by  means  of  which  each,  coalescing  with 
all,  may  nevertheless  obey  only  himself,  and  remain  as  free  as 
before."  Such  is  the  fundamental  problem  of  which  the  social 
contract  furnishes  the  solution. 

If  then  we  set  aside  what  is  not  of  the  essence  of  the  social  con- 

!The  Social  Contract.  Tr.  by  H.  J.  Tozer,  M.  A.  London.  Swan,  Son- 
nenschein  &  Co.,  1895. 

2  Book  I,  Chapter  IV.     Slavery. 

3  Resistance  to  natural  obstacles.  Rousseau  here  supposes  that  man  has 
already  progressed  to  a  point  where  he  is  no  longer  able  individually  to 
overcome  these  obstacles. 


ROUSSEAU.  15 

tract,  we  shall  find  that  it  is  reducible  to  the  following  terms : 
"Each  of  us  puts  in  common  his  person  and  his  whole  power 
under  the  supreme  direction  of  the  general  will,  and  in  return  we 
receive  every  member  as  an  indivisible  part  of  the  whole."1 

But  the  body  politic  or  sovereign,  deriving  its  existence  only 
from  the  contract,  can  never  bind  itself,  even  to  others,  in  any- 
thing that  derogates  from  the  original  act,  such  as  alienation  of 
some  portion  of  itself,  or  submission  to  another  sovereign.  To 
violate  the  act  by  which  it  exists  would  be  to  annihilate  itself,  and 
what  is  nothing  produces  nothing.2 

It  follows  from  what  precedes,  that  the  general  will  is  always 
right  and  always  tends  to  the  public  advantage;  but  it  does  not 
follow  that  the  resolutions  of  the  people  have  always  the  same 
rectitude.  Men  always  desire  their  own  good,  but  do  not  always 
discern  it;  the  people  are  never  corrupted,  though  often  deceived, 
and  it  is  only  then  that  they  seem  to  will  what  is  evil.3 

The  public  force,  then,  requires  a  suitable  agent  to  concentrate 
it  and  put  it  in  action  according  to  the  directions  of  the  general 
will,  to  serve  as  a  means  of  communication  between  the  state  and 
the  sovereign,  to  effect  in  some  manner  in  the  public  person  what 
the  union  of  soul  and  body  effects  in  a  man.  This  is,  in  the  State, 
the  function  of  government,  improperly  confounded  with  the  sov- 
ereign of  which  it  is  only  the  minister. 

What,  then,  is  the  government?  An  intermediate  body  estab- 
lished between  the  subjects  and  the  sovereign  for  their  mutual 
correspondence,  charged  with  the  execution  of  the  laws  and  with 
the  maintenance  of  liberty  both  civil  and  political.4 

It  is  not  sufficient  that  the  assembled  people  should  have  once 
fixed  the  constitution  of  the  state  b3^  giving  their  sanction  to  a 
body  of  laws;  it  is  not  sufficient  that  they  should  have  established 
a  perpetual  government,  or  that  they  should  have  once  for  all  pro- 
vided for  the  election  of  magistrates.  Besides  the  extraordinary 
assemblies  which  unforeseen  events  may  require,  it  is  necessary 
that  there  should  be  fixed  and  periodical  ones  which  nothing  can 
abolish  or  prorogue;  so  that,  on  the  appointed  day,  the  people  are 

1  Book  I.,  Chapter  VI.     The  Social  Pact. 

2  Book  I.,  Chapter  VII.     The  Sovereign. 

3  Book  II.,  Chapter  III.     Whether  the  General  Will  can  err. 
*Book  III.,  Chapter  I.     Government  in  General. 


1 6  TRANSLATIONS  AND   REPRINTS. 

rightfully  convoked  by  the  law,  without  needing  for  that  purpose 
any  formal  summons.1 

So  soon  as  the  people  are  lawfully  assembled  as  a  sovereign 
body,  the  whole  jurisdiction  of  the  government  ceases,  the  execu- 
tive power  is  suspended,  and  the  person  of  the  meanest  citizen  is 
as  sacred  and  inviolable  as  that  of  the  first  magistrate,  because 
where  the  represented  are,  there  is  no  longer  any  representative.2 

These  assemblies,  which  have  as  their  object  the  maintenance 
of  the  social  treaty,  ought  always  to  be  opened  with  two  proposi- 
tions, which  no  one  should  be  able  to  suppress,  and  which  should 
pass  separately  by  vote.  The  first:  "  Whether  it  pleases  the  sov- 
ereign to  maintain  the  present  form  of  government. ' '  The  second: 
' '  Whether  it  pleases  the  people  to  leave  the  administration  to  those 
at  present  entrusted  with  it." 

1  presuppose  here  what  I  believe  I  have  proved,  viz.,  that  there 
is  in  the  State  no  fundamental  law  which  cannot  be  revoked,  not 
even  this  social  compact;  for  if  all  the  citizens  assembled  in  order 
to  break  the  compact  by  a  solemn  agreement,  no  one  can  doubt 
that  it  could  be  quite  legitimately  broken.3 

EXTRACT  FROM  EMILE,  BOOK  III* 

The  man  and  the  citizen,  whichever  he  may  be,  has  no  other 
property  to  give  to  society  except  himself,  all  his  other  property 
being  there  without  his  will;  and  when  a  man  is  rich,  either  he 
does  not  enjoy  his  wealth,  or  the  public  enjoys  it  also.  In  the 
first  case  he  steals  from  others  that  of  which  he  deprives  himself; 
and  in  the  second  case,  he  gives  them  nothing.  Thus  the  whole 
indebtedness  to  society  remains  with  him,  so  long  as  he  pays  onry 
with  his  property.  "But,"  you  may  say,  "my  father,  in  gaining 
this  property,  served  society."  Very  well,  then;  he  has  paid  his 
own  debt,  but  not  j^ours.  You  owe  more  to  others  than  if  you 
had  been  born  without  property;  because  you  were  favored  at 
birth.  It  is  not  just  that  what  one  man  has  done  for  society 
should    discharge    the    obligation    of    another;    because    each, 

JBook  III.,  Chapter  XIII.     How  the  Sovereign  Authority  is  maintained. 

2  Book  III.,  Chapter  XIV.  How  the  Sovereign  Authority  is  maintained, 
continued. 

3  Book  III.,  Chapter  XVIII.,  means  of  preventing  usurpations  of  the  gov- 
ernment. 

*  CEuvres  completes  de  J.  J.  Rousseau.     Ed.  Musset-Pathay.     Paris,  1823. 


ROUSSEAU*   •  1 7 

owing  his  entire  self,  can  pay  only  for  himself,  and  no  father  can 
transmit  to  his  son  the  right  of  being  useless  to  his  kind;  yet  it 
is  just  that  which  he  does,  according  to  you,  when  he  transmits 
to  him  his  wealth,  which  is  the  evidence  and  the  reward  of  labor. 
He  who  eats  in  idleness  that  which  he  himself  has  not  earned, 
steals  it;  and  a  capitalist  whom  the  state  pays  for  doing  nothing 
differs  little  in  my  eyes  from  a  brigand,  who  lives  at  the  expense 
of  passers-by.  Outside  of  society,  an  isolated  man,  owing  noth- 
ing to  any  one,  has  a  right  to  live  as  it  pleases  him:  but  in 
society,  where  he  necessarily  lives  at  the  expense  of  others,  he 
owes  them  in  labor  the  price  of  his  maintenance;  there  is  no 
exception  to  this  rule.  To  work  is  then  an  indispensable  duty  to 
the  social  man.  Rich  or  poor,  powerful  or  weak,  every  idle 
citizen  is  a  rogue. 

Now  of  all  occupations  which  can  furnish  subsistence  to  man, 
that  which  most  nearly  approaches  to  the  state  of  nature  is 
manual  labor;  of  all  conditions  the  most  independent  of  chance 
and  of  men  is  that  of  the  artisan.  The  artisan  depends  only  upon 
his  labor;  he  is  as  free  as  the  husbandman  is  enslaved;  for  the 
latter  is  dependent  upon  his  field,  whose  crop  is  at  the  discretion 
of  others.  The  enemy,  the  prince,  a  powerful  neighbor,  a  suit  at 
law  may  take  from  him  his  field;  through  this  field  they  may 
harass  him  in  a  thousand  ways.  But  wherever  they  wish  to  harass 
the  artisan,  his  luggage  is  soon  packed ;  he  goes,  taking  his 
strong  arms  with  him.  Nevertheless  agriculture  is  the  first  of 
human  employments;  it  is  the  most  honest,  the  most  useful,  and 
consequently  the  noblest  that  he  can  practice.  I  do  not  say  to 
Emile:  "  L,earn  agriculture; "  he  knows  it.  All  forms  of  rustic  labor 
are  familiar  to  him;  he  began  with  them,  and  to  them  he  is  ever 
returning.  I  say  to  him  then:  "Cultivate  the  heritage  of  your 
fathers.  But  if  you  lose  this  heritage,  or  if  you  have  none,  what 
will  you  do?     Learn  a  trade." 

' '  A  trade  for  my  son !  My  son  an  artisan !  My  dear  sir,  are  you 
serious  ? ' '  More  serious  than  you,  madam,  who  would  make  it 
impossible  for  him  to  be  other  than  a  lord,  a  marquis,  a  prince, 
and  perhaps  some  day  less  than  nothing;  as  for  me,  I  wish  to 
give  him  a  position  that  he  cannot  lose,  a  position  that  will 
honor  him  at  all  times.  I  wish  to  elevate  him  to  man's  estate, 
and  whatever  you  may  say,  he  will  have  fewer  equals  with  this 
title  than  with  all  those  which  he  may  derive  from  you. 


1 8  TRANSLATIONS  AND   REPRINTS. 

The  letter  kills  and  the  spirit  makes  alive.  It  is  a  matter  of 
learning  a  trade  less  for  the  purpose  of  knowing  a  trade  than  to 
overcome  the  prejudices  which  tend  to  treat  it  with  contempt. 
You  think  that  you  will  never  be  reduced  to  work  for  a  living. 
Ah!  so  much  the  worse — so  much  the  worse  for  you!  But  never 
mind,  do  not  work  from  necessity,  work  for  glory.  L,ower  your- 
self to  the  splendor  of  the  artisan  in  order  to  be  above  your  own. 
In  order  to  put  fortune  and  things  under  your  control,  begin  by 
making  yourself  independent  of  them.  In  order  to  rule  by 
opinion,  commence  by  ruling  over  it. 

Remember  that  it  is  by  no  means  an  accomplishment  that  I 
ask  of  you;  it  is  a  trade,  a  true  trade,  a  purely  mechanical  art, 
where  the  hands  work  more  than  the  head,  which  does  not  lead 
to  fortune,  but  with  which  one  can  be  independent  of  it.  In 
families  far  above  the  danger  of  wanting  bread,  I  have  seen 
fathers  push  foresight  to  the  point  of  joining  to  the  labor  of  in- 
structing their  children  that  of  providing  them  with  a  knowledge 
with  which,  in  any  event,  they  might  gain  their  living.  These 
provident  fathers  believe  they  are  accomplishing  much;  but  they 
are  doing  nothing,  because  the  resources  which  they  believe  they 
are  providing  for  their  children  depend  upon  the  very  fortune 
which  they  desire  to  make  themselves  independent  of.  So  that 
with  all  these  fine  accomplishments,  unless  he  who  possesses 
them  finds  himself  in  circumstances  favorable  for  their  employ- 
ment, he  will  perish  as  if  he  had  none  of  them. 

Since  it  is  a  question  of  management  and  intrigue,  it  is  as  neces- 
sary to  employ  these  means  to  maintain  yourself  in  abundance  as 
to  regain,  from  the  depths  of  misery,  the  means  of  re-ascending  to 
your  former  estate.  If  you  cultivate  the  arts  whose  success  de- 
pends upon  the  reputation  of  the  artist,  if  you  turn  your  attention 
to  those  employments  which  are  obtained  only  by  favor,  of  what 
use  will  it  all  be  to  you,  when,  rightly  disgusted  with  the  world, 
you  disdain  the  means  without  which  you  cannot  hope  to  suc- 
ceed ?  You  have  studied  diplomacy  and  the  interests  of  princes  ? 
Good ;  but  what  will  you  do  with  this  knowledge,  unless  you 
know  how  to  conciliate  the  ministers,  the  ladies  of  the  court,  the 
heads  of  the  bureaus;  unless  you  possess  the  secret  of  pleasing 
them;  unless  all  find  in  you  the  rascal  that  suits  their  purposes? 
You  are  an  architect  or  painter  ?  Good  ;  but  it  is  necessary  that 
you  should   make  your  talent   known.     Do  you  expect   to   go 


ROUSSKAU.  19 

straightway  and  exhibit  your  work  at  the  salon  ?  Alas !  that 
doesn't  happen  so  easily!  It  is  necessary  to  be  in  the  Academy; 
it  is  necessary  to  be  a  favorite  in  order  to  obtain  even  a  dark  cor- 
ner of  the  wall.  Give  up  your  model  and  your  brush,  take  a  cab 
and  go  from  door  to  door;  it  is  in  this  way  that  you  will  acquire 
celebrity.  But  you  ought  to  know  that  all  these  illustrious  doors 
have  Swiss  or  porters  who  understand  only  by  motions,  and  whose 
ears  are  in  their  hands.  Do  you  wish  to  impart  what  you  have 
learned,  and  become  a  teacher  of  geography,  or  mathematics,  or 
languages,  or  music,  or  drawing  ?  For  that  it  is  necessary  to  find 
pupils,  and  consequently  somebody  to  recommend  you.  Remem- 
ber, it  contributes  more  toward  success  to  be  plausible  than  to  be 
able,  and  that,  if  you  know  no  trade  but  your  own,  you  will  never 
be  anything  but  a  dunce. 

See  then  how  little  solidity  all  these  brilliant  resources  possess, 
and  how  many  other  resources  are  necessary  in  order  to  derive 
any  advantage  from  them.  And  then,  what  will  become  of  you 
in  this  cowardly  abasement?  Reverses,  instead  of  instructing 
you,  debase  you.  More  than  ever  the  creature  of  public  opinion, 
how  will  you  elevate  yourself  above  those  prejudices,  arbiters  of 
your  lot  ?  How  will  you  despise  baseness  and  the  vices  of  which 
you  have  need  for  your  subsistence  ?  You  were  dependent  only 
on  wealth,  and  now  you  are  dependent  on  wealth;  you  have  only 
deepened  your  slavery  and  surcharged  it  with  your  poverty.  You 
are  poor  without  becoming  free;  it  is  the  worst  state  into  which  a 
man  can  fall. 

But  instead  of  resorting  for  a  livelihood  to  those  high  knowledges 
which  are  made  for  nourishing  the  soul  and  not  the  body,  if  you 
resort,  in  time  of  need,  to  your  hands  and  the  use  which  you 
know  how  to  make  of  them,  all  difficulties  vanish,  all  artifices 
become  useless.  Your  resources  are  always  ready  at  the  moment 
their  use  is  required;  probity  and  honor  are  no  longer  an  obstacle 
to  living;  you  have  no  need  to  be  a  coward  and  a  liar  before  the 
great,  to  bend  and  cringe  before  rascals,  a  vile  pander  to  all  the 
world,  a  borrower  or  a  thief,  which  are  almost  the  same  thing 
when  one  has  nothing.  The  opinion  of  others  concerns  you  not; 
you  have  your  court  to  make  to  no  one,  no  fool  to  flatter,  no  Swiss 
to  knuckle  to,  no  courtier  to  fee,  or  what  is  worse,  to  worship. 
That  rogues  manage  the  affairs  of  the  great  is  of  no  consequence 
to  you.     That  does  not  prevent  you  in  your  obscure  life  from 


20  TRANSLATIONS  AND  REPRINTS. 

being  an  honest  man  and  having  bread.  Yon  enter  the  first  shop 
whose  trade  you  have  learned:  "  Master,  I  need  work."  "Jour- 
neyman, go  there  and  get  to  work."  Before  the  dinner  hour 
arrives  you  have  earned  your  dinner.  If  you  are  diligent  and 
sober,  before  eight  hours  have  passed  you  will  have  wherewith 
to  live  eight  hours  more.  You  will  have  lived  free,  sound,  true7 
industrious  and  just.     To  gain  it  thus  is  not  to  lose  one's  time. 

DIDEROT. 

Denis  Diderot  was  born  at  Langres  in  1713.  He  was  educated  in  a  Jesuit 
school,  but  displayed  at  an  early  age  a  fondness  for  general  literary  work, 
thereby  alienating  the  sympathy  and  support  of  his  father,  who  desired  that 
he  should  take  up  law  or  medicine.  Diderot  was  drawn  to  Paris  as  the 
centre  of  French  intellectual  life,  and  his  existence  there,  throughout  the 
Whole  of  his  career,  was  that  of  a  literary  hack.  That  which  raises  his  per- 
sonality  above  the  level  of  the  commonplace  is  his  connection  with  the  En- 
cyclopaedia and  his  heroic  persistence  in  this  enterprise,  in  the  face  of  all 
discouragement.  It  is  as  the  organizer  and  director  of  the  greatest  literary 
work  of  the  century,  rather  than  as  a  writer,  that  Diderot  justifies  his  claim 
to  distinction.  Yet  there  is  no  doubt  that  Diderot  made  large  contributions 
to  the  philosophy  of  his  time  which  were  incorporated  in  the  literary  pro- 
ductions of  his  contemporaries.  He  was  a  fluent  talker,  and  we  have  the 
testimony  of  his  friends  and  associates  that  it  was  he  who  furnished  the 
themes  for  discussion,  when  the  philosophic  group  assembled  about  the 
tables  of  Helvetius  and  Holbach.  The  monotony  of  Diderot's  life  was 
broken  with  a  journey  to  Russia  in  1713,  whither  he  went  upon  the  invita- 
tion of  the  Empress  Catherine.     He  died  in  July,  1784. 

Few  of  Diderot's  works  deserve  especial  mention.  The  greater  part  of 
his  activity  was  centred  upon  the  Encyclopaedia,  where  his  articles,  so 
laboriously  prepared,  have  rather  a  didactic  than  a  literary  value.  His 
Lettre  sur  les  Ayeugles  (London,  1749),  is  of  interest  as  dimly  shadowing 
forth  the  theory  of  the  survival  of  the  fittest.  Like  most  men  of  letters  of 
his  time,  his  work  extends  into  all  fields  of  literature.  A  dramatic  piece, 
Le  neveu  de  Rameau,  was  thought  worthy  of  translation  by  Goethe.  The 
best  biographical  treatment  is  by  John  Morley:  "  Diderot  and  the  Encyclo- 
paedists "  (2  vols.,  Macmillan,  1891).  The  most  complete  edition  of 
Diderot's  works  is  that  of  Assezat  and  Tourneur  (20  vols.,  Paris,  1875-77). 

THE  PHILOSOPHER* 

There  is  nothing  which  costs  less  to  acquire  nowadays  than 
.ythe  name  of  Philosopher ;  an  obscure  and  retired  life,  some  out- 

*  From  the  Encyclopedia. 


DIDEROT.  21 

ward  signs  of  wisdom,  with  a  little  reading,  suffice  to  attach  this 
name  to  persons  who  enjoy  the  honor  without  meriting  it. 

Others  in  whom  freedom  of  thought  takes  the  place  of  reason- 
ing, regard  themselves  as  the  only  true  philosophers,  because 
they  have  dared  to  overturn  the  consecrated  limits  placed  by 
religion,  and  have  broken  the  fetters  which  faith  laid  upon  their 
reason.  Proud  of  having  gotten  rid  of  the  prejudices  of  educa- 
tion, in  the  matter  of  religion,  they  look  upon  others  with  scorn 
as  feeble  souls,  servile  and  pusillanimous  spirits,  who  allow  them- 
selves to  be  frightened  by  the  consequences  to  which  irreligion 
leads,  and  who,  not  daring  to  emerge  for  an  instant  from  the 
circle  of  established  verities,  nor  to  proceed  along  unaccustomed 
paths,  sink  to  sleep  under  the  yoke  of  superstition.  But  one 
ought  to  have  a  more  adequate  idea  of  the  philosopher,  and  here 
is  the  character  which  we  give  him : 

Other  men  make  up  their  minds  to  act  without  thinking,  nor 
are  they  conscious  of  the  causes  which  move  them,  not  even 
knowing  that  such  exist.  The  philosopher,  on  the  contrary, 
distinguishes  the  causes  to  what  extent  he  may,  and  often  antici- 
pates them,  and  knowingly  surrenders  himself  to  them.  In  this 
manner  he  avoids  objects  that  may  cause  him  sensations  that  are 
not  conducive  to  his  well  being  or  his  rational  existence,  and 
seeks  those  which  may  excite  in  him  affections  agreeable  with  the 
state  in  which  he  finds  himself.  Reason  is  in  the  estimation  of 
the  philosopher  what  grace  is  to  the  Christian.  Grace  determines 
the  Christian's  action;  reason  the  philosopher's. 

Other  men  are  carried  away  by  their  passions,  so  that  the  acts 
which  they  produce  do  not  proceed  from  reflection.  These  are 
the  men  who  move  in  darkness;  while  the  philosopher,  even  in 
his  passions,  moves  only  after  reflection.  He  marches  at  night, 
but  a  torch  goes  on  ahead. 

The  philosopher  forms  his  principles  upon  an  infinity  of  indi- 
vidual observations.  The  people  adopt  the  principle  without  a 
thought  of  the  observations  which  have  produced  it,  believing 
that  the  maxim  exists,  so  to  speak,  of  itself;  but  the  philosopher 
takes  the  maxim  at  its  source,  he  examines  its  origin,  he  knows 
its  real  value,  and  only  makes  use  of  it,  if  it  seems  to  him  satis- 
factory. 

Truth  is  not  for  the  philosopher  a  mistress  who  vitiates  his 
imagination,  and  whom  he  believes  to  find  everywhere.     He  con- 


22  TRANSLATIONS   AND    REPRINTS. 

tents  himself  with  being  able  to  discover  it  wherever  he  may 
chance  to  find  it.  He  does  not  confound  it  with  its  semblance; 
but  takes  for  true  that  which  is  true,  for  false  that  which  is  false, 
for  doubtful  that  which  is  doubtful,  and  for  probable  that  which 
is  only  probable.  He  does  more — and  this  is  the  great  perfection 
of  philosophy;  that  when  he  has  no  real  grounds  for  passing 
judgment,  he  knows  how  to  remain  undetermined. 

The  world  is  full  of  persons  of  understanding,  even  of  much 
understanding,  who  always  pass  judgment.  They  are  guessing 
always,  because  it  is  guessing  to  pass  judgment  without  knowing 
when  one  has  proper  grounds  for  judgment.  They  misjudge  of 
the  capacity  of  the  human  mind;  they  believe  it  is  possible  to 
know  everything,  and  so  they  are  ashamed  not  to  be  prepared  to 
pass  judgment,  and  they  imagine  that  understanding  consists  in 
passing  judgment.  The  philosopher  believes  that  it  consists  in 
judging  well:  he  is  better  pleased  with  himself  when  he  has  sus- 
pended the  faculty  of  determining,  than  if  he  had  determined  be- 
fore having  acquired  proper  grounds  for  his  decision. 

******** 

The  philosophic  spirit  is  then  a  spirit  of  observation  and  of 
exactness,  which  refers  everything  to  its  true  principles;  but  it  is 
not  the  understanding  alone  which  the  philosopher  cultivates;  he 
carries  further  his  attention  and  his  labors. 

Man  is  not  a  monster,  made  to  live  only  at  the  bottom  of  the 
sea  or  in  the  depths  of  the  forest;  the  very  necessities  of  his  life 
render  intercourse  with  others  necessary;  and  in  whatsoever  state 
we  find  him,  his  needs  and  his  well-being  lead  him  to  live  in 
society.  To  that  reason  demands  of  him  that  he  should  know, 
that  he  should  study  and  that  he  should  labor  to  acquire  social 
qualities. 

Our  philosopher  does  not  believe  himself  an  exile  in  the  world; 

he  does  not  believe  himself  in  the  enemy's  country;  he  wishes  to 

enjoy,  like  a  wise  economist,  the  goods  that  nature  offers  him; 

he  wishes  to  find  his  pleasure  with  others;  and  in  order  to  find  it, 

it  is  necessary  to  assist  in  producing  it;  so  he  seeks  to  harmonize 

with  those  with  whom  chance  or  his  choice  has  determined  he 

shall  live;  and  he  finds  at  the  same  time  that  which  suits  him: 

he  is  an  honest  man  who  wishes  to  please  and  render  himself 

useful. 

******** 


d'alembert.  23 

The  philosopher  is  then  an  honest  man,  actuated  in  everything 
by  reason,  one  who  joins  to  the  spirit  of  reflection  and  of  accuracy 
the  manners  and  qualities  of  society. 

With  this  idea  in  mind,  it  is  easy  to  see  what  gulf  divides  the 
wise  insensibility  of  the  stoics  from  the  ideal  of  our  philosopher. 
Such  a  philosopher  is  a  man,  and  their  sage  is  no  more  than  a 
phantom.  They  blush  before  humanity,  and  glor}'  in  the  fact;  they 
foolishly  wish  to  annihilate  the  passions  and  to  elevate  us  above 
our  nature  by  a  chimerical  insensibility.  As  for  our  philosopher, 
he  pretends  to  no  empty  honor  in  the  destruction  of  his  passions, 
because  that  is  impossible;  but  he  seeks  to  escape  their  tyranny, 
to  turn  them  to  his  profit,  to  make  a  reasonable  use  of  them,  be- 
cause that  is  possible,  and  reason  so  ordains. 

The  philosophic  spirit  is  a  gift  of  nature,  perfected  by  effort,  art 
and  usage,  forjudging  sanely  of  all  things.  When  one  possesses 
in  an  exceptional  degree  this  spirit,  it  produces  a  marvelous  in- 
telligence, a  force  of  reasoning,  an  accurate  and  reflective  taste  in 
that  which  there  is  of  good  and  bad  in  the  world;  it  is  the  criter- 
ion of  the  true  and  beautiful.  There  is  nothing  estimable  in  the 
various  works  that  issue  from  the  hands  of  man  that  is  not  ani- 
mated with  this  spirit.  On  it  depends,  in  an  especial  measure,  the 
glory  of  literature;  but  since  it  is  the  portion  of  very  few  among 
the  learned,  and  it  is  neither  possible  nor  necessary  for  the  success 
of  letters  that  a  talent  so  rare  should  be  found  in  all  those  who 
cultivate  this  art,  it  is  sufficient  for  a  nation  that  certain  great 
spirits  shall  possess  it  to  an  eminent  degree,  and  that  the  superi- 
ority of  their  judgment  shall  render  them  arbiters  of  taste,  oracles 
of  criticism,  dispensers  of  literary  glory. 

D'ALEMBERT. 

Jean  le  Rond  d'Alembert  was  born  in  Paris  in  17 17.  He  was  a  foundling, 
but  it  afterwards  became  known  that  he  was  the  illegitimate  son  of  persons 
of  some  social  standing.  The  child  was  entrusted  to  the  care  of  a  glazier's 
wife,  who  brought  him  up  with  great  kindness.  The  name  of  Jean  le  Rond 
was  taken  from  the  church  near  which  he  was  found,  and  "d'Alembert" 
was  added  later  by  himself.  His  father  settled  upon  him  an  annuity  of 
1,200  francs,  which  afforded  him  the  advantages  of  a  good  education  and 
placed  him  beyond  the  necessities  of  intellectual  drudgery. 

Although  d'Alembert  made  some  efforts  in  the  direction  of  both  law  and 
medicine,  his  natural  tastes  were  so  strongly  inclined  toward  mathematics 


24  TRANSLATIONS   AND   REPRINTS. 

that  this  science  became  the  distinguishing  work  of  his  career.  In  1741  he 
was  made  a  member  of  the  Academy  of  Sciences,  as  a  result  of  his  paper  on 
Integral  Calculus.  D'Alembert's  association  with  Diderot  widened  the 
sphere  of  his  labors.  His  Discours  preliminaire ;  or  introduction  to  the 
Encyclopaedia,  a  review  of  scientific  progress  to  his  time,  was  read  before  the 
Academy  of  Sciences.  This  and  other  scientific  productions  extended 
d'Alembert's  fame,  so  that  he  received  tempting  offers  from  Frederick  the 
Great  and  from  Catharine  of  Russia  to  make  his  residence  abroad.  He  pre- 
ferred, however,  to  remain  in  Paris,  and  for  forty  years  lived  quietly  at  the 
house  of  his  foster-mother.     He  died  October  29,  1783. 

The  best  edition  of  d'Alembert's  works  is  that  of  Didot  (5  vols.,  Paris, 
1821).  For  d'Alembert's  life  see  J.  Bertrand:  Les  grands  ecrivains  frangaises 
(P.  1889). 

FRIARS  OF  LA  CHAR1TE* 

This  is  the  name  of  a  religious  order,  founded  in  the  sixteenth 
century,  devoted  exclusively  to  the  care  of  the  sick  poor.  These 
religious,  and  in  general  all  orders  which  have  a  similar  aim,  are 
without  question  the  most  respectable  of  all,  the  most  worthy  of 
being  protected  by  the  government,  and  of  enjoying  public  con- 
sideration, since  they  are  valuable  to  society  on  account  of  their 
services,  and  at  the  same  time  valuable  to  religion  by  their  ex- 
ample. Would  it  be  going  too  far  to  contend  that  this  occupa- 
tion is  the  only  one  suitable  for  religious  orders  ?  In  fact,  to  what 
other  labor  can  they  apply  themselves  ?  To  perform  the  functions 
of  the  evangelical  ministry  ?  But  the  secular  priests,  destined  by 
their  very  estate  to  this  ministry,  are  already  only  too  numerous, 
and  for  the  best  of  reasons  ought  to  be  better  adapted  for  this 
function  than  the  monks.  They  are  in  a  better  position  to  know 
the  vices  and  the  needs  of  men;  they  have  fewer  masters,  less  of 
corporate  prejudice,  less  communal  interests  and  party  spirit. 
Will  you  apply  the  religious  to  the  instruction  of  youth  ?  But 
these  same  corporate  prejudices,  these  same  communal  and  party 
interests,  must  they  not  cause  us  to  fear  that  the  education  which 
they  give  would  be  dangerous,  or  at  least  puerile;  that  sometimes 
they  would  serve  the  religious  as  a  means  of  controlling,  or  as  an 
instrument  for  their  ambition;  in  which  case  they  would  be  more 
harmful  than  necessary?  Shall  the  monks  occupy  themselves  in 
writing  ?  But  in  what  class  of  writing  ?  History  ?  The  soul  of 
history  is  truth;  and  men,  so  burdened  with  restraints,  must  be 

*L-'Esprit  de  l'Encyclop£die,  Paris,  1798.     Vol.  V.,  pp.  15-16. 


HOLBACH.  25 

almost  always  ill  at  ease  in  telling  it;  often  reduced  to  silence,  and 
sometimes  forced  to  disguise  the  truth.     Shall  they  devote  them- 
selves to  eloquence  and  Latin  poetry  ?     Latin  is  a  dead  language, 
which  no  modern  is  in  a  condition  to  write,  and  we  have  enough 
of  this  class  of  literature,  of  Cicero,  of  Virgil,  of  Homer,  of  Taci- 
tus and  of  others.     To  matters  of  taste  ?     These  matters,  in  order 
to  be  treated  successfully,  demand  intercourse  with  the  world,  an 
intercourse  forbidden  to  monks.     To  philosophy?    That  demands 
liberty,  and  the  religious  have  none  of  it.     To  the  pure  sciences, 
such  as  geometry,  physics,  etc.?     They  demand  a  singleness  of 
mind,  and  consequently  can  be  cultivated  but  feebly  by  persons 
vowed  to  religious  exercises.     Therefore  the  men  of  first  rank  in 
this  class,  the  Boyles,  the  Descartes,  the  Vietes,  the  Newtons,  etc., 
have  not  come  out  of  cloisters.     There  remain  the  matters  of  re- 
search; these  are  such  as  the  sedentary  life  of  the  religious  adapts 
them  for;   they  demand  less  application,  and  suffer  distractions 
more  easily.     These  occupations  are  the  ones  in  which  the  relig- 
ious may  meet  with  greater  success,  where,  in  fact,  they  have 
been  more  successful;  although  greatly  inferior,  for  the  purposes 
of  the  religious,  to  the  relief  of  suffering  and  to  manual  labor,  they 
are  at  least  more  useful  than  the  life  of  those  recluses  who  are  ab- 
solutely lost  to  society.      It  is  true  that  these  latter  religious 
appear  to  be  following  the  great  precept  of  the  Scriptures,  which 
commands  us  to  abandon,  for  God,  our  father,  our  mother,  our 
family,  our  friends  and  our  possessions.     But  if  it  be  necessary  to 
take  these  words  literally,  whether  as  precept  or  as  counsel,  each 
man  would  be  obliged,  or  at  least  would  do  wrell  to  conform  to 
them;  and  in  that  case  what  would  become  of  the  human  race? 
The  sense  of  this  passage  is  merely  that  we  ought  to  love  and 
honor  the  Supreme  Being  above  all  other  things;  and  the  most 
substantial  manner  of  honoring  him  is  by  rendering  ourselves  as 
useful  as  possible  to  the  society  in  which  he  has  placed  us. 

HOLBACH. 

Paul  Heinrich  Dietrich,  baron  d'Holbach,  was  born  at  Heidelsheim  in  the 
palatinate  in  1723.  Little  is  known  of  his  early  years.  He  was  possessed 
of  extensive  means  and  his  fame  is  largely  due  to  the  fact  that  he  kept  open 
house  for  the  philosophical  coterie.  The  most  famous  men  of  the  time 
were  to  be  fouud  about  his  table.     He  died  in  1789. 

His  important  contribution  to  rationalistic  literature  is  the  Systeme  de  la 


26  TRANSLATIONS   AND   RKPRINTS. 

Nature.  It  is  to  be  regarded  as  a  summing  up  of  the  extreme  thought  of 
the  philosophic  circle  rather  than  the  personal  production  of  Holbach  him- 
self. His  independent  position  permitted  him  to  constitute  himself  the 
medium  of  this  expression,  and  risk  the  adverse  verdict  of  society  at  large, 
and  the  persecutions  of  the  priestly  and  official  classes.  The  Systeme  de  la 
Nature  (1770)  has  several  points  of  interest:  it  shows,  in  the  first  place,  how 
at  this  time  the  social  pressure,  which  ordinarily  prevents  this  ever-present 
substratum  of  thought  from  rising  to  the  surface,  had  been  partially  re- 
moved, and  an  unusual  liberty  of  expression  accorded;  it  is  again  of  inter- 
est as  the  armory  whence  so  many  men  in  later  times  have  taken  their 
weapons  against  religion.  This  work,  together  with  the  de  V Esprit  of 
Helvetius,  were  on  the  whole,  a  serious  injury  to  the  more  moderate  mem- 
bers of  the  philosophic  group. 

For  an  account  of  Holbach  and  Helvetius  see  Morley's  Didetot,  op.  cit. 
Cf.  Lowell:  op.  tit.,  Cap.  XVII. 

EXTRACTS  FROM  THE  SYSTEM  OF  NATURE* 
EVILS  OF  CONSERVATISM. 

Man's  ignorance  has  endured  so  long,  he  has  taken  such  slow, 
irresolute  steps  to  ameliorate  his  condition,  only  because  he  has 
neglected  to  study  nature,  to  scrutinize  her  laws,  to  search  out 
her  resources,  to  discover  her  properties.  His  sluggishness  finds 
its  account  in  permitting  himself  to  be  guided  by  precedent,  rather 
than  to  follow  experience  which  demands  activity;  to  be  led  by 
routine,  rather  than  by  his  reason  which  exacts  reflection.  Hence 
may  be  traced  the  aversion  man  betrays  for  everything  that  swerves 
from  these  rules  to  which  he  has  been  accustomed;  hence  his  stupid, 
his  scrupulous  respect  for  antiquity,  for  the  most  silly,  the  most 
absurd  institutions  of  his  fathers;  hence  those  fears  that  seize  him, 
when  the  most  advantageous  changes  are  proposed  to  him,  or  the 
most  probable  attempts  are  made  to  better  his  condition.  He 
dreads  to  examine,  because  he  has  been  taught  to  hold  it  a  pro- 
fanation of  something  immediately  connected  with  his  welfare; 
he  credulously  believes  the  interested  advice,  and  spurns  at  those 
who  wish  to  show  him  the  danger  of  the  road  he  is  traveling. 

This  is  the  reason  why  nations  linger  on  in  the  most  scandalous 
lethargy,  groaning  under  abuses  transmitted  from  century  to  cen- 
tury, trembling  at  the  very  idea  of  that  which  alone  can  remedy 
their  misfortunes. 

*  The  System  of  Nature,  or  Laws  of  the  Moral  and  Physical  World,  by  Baron 
d'Holbach.     Tr.  by  H.  D.  Robinson,  N.  Y.,  1836. 


HOI3ACH.  27 

THE  "SOUL." 
The  more  man  reflects,  the  more  he  will  be  convinced  that  the 
soul,  very  far  from  being  distinguished  from  the  body,  is  only  the 
body  itself  considered  relatively  to  some  of  its  functions,  or  to 
some  of  the  modes  of  existing  or  acting  of  which  it  is  susceptible 
whilst  it  enjoys  life.  Thus,  the  soul  in  man  is  considered  rela- 
tively to  the  faculty  he  has  of  feeling,  of  thinking,  and  of  acting 
in  a  mode  resulting  from  his  peculiar  nature;  that  is  to  say,  from 
his  properties,  from  his  particular  organization,  from  the  modifi- 
cations, whether  durable  or  transitory,  which  the  beings  who  act 
upon  him  cause  his  machine  to  undergo. 

An  organized  being  may  be  compared  to  a  clock,  which,  once 
broken,  is  no  longer  suitable  to  the  use  for  which  it  was  designed. 
To  say  that  the  soul  shall  feel,  shall  think,  shall  enjoy,  shall 
suffer  after  the  death  of  the  body,  is  to  pretend  that  a  clock, 
shivered  into  a  thousand  pieces,  will  continue  to  strike  the  hour 
and  have  the  faculty  of  marking  the  progress  of  time.  Those 
who  say  that  the  soul  of  man  is  able  to  subsist  notwithstanding 
the  destruction  of  the  body,  evidently  support  the  position  that 
the  modification  of  a  body  will  be  enabled  to  conserve  itself  after 
the  subject  is  destroyed;  but  this  is  completely  absurd. 

THE   ANALYSIS   OP  VIRTUE. 

Thus  virtue  is  everything  that  is  truly  and  constantly  useful  to 
the  individuals  of  the  human  race  living  together  in  society; 
vice,  everything  that  is  injurious  to  them.  The  greatest  virtues 
are  those  that  procure  for  man  the  most  durable  and  solid  ad- 
vantages; the  greatest  vices  are  those  that  most  disturb  his 
tendency  to  happiness,  and  which  most  interrupt  the  necessary 
order  of  society.  The  virtuous  man  is  he  whose  actions  tend 
uniformly  to  the  welfare  of  his  fellow  creatures.  The  vicious 
man  is  he  whose  conduct  tends  to  the  misery  of  those  with  whom 
he  lives;  from  whence  his  own  peculiar  misery  most  commonly 
results.  Everything  that  procures  for  man  a  true  and  permanent 
happiness,  is  reasonable;  everything  that  disturbs  his  individual 
felicity,  or  that  of  the  beings  necessary  to  his  happiness,  is  foolish 
or  unreasonable.  The  man  who  injures  others  is  wicked — the 
man  who  injures  himself  is  an  imprudent  being,  who  neither  has 
a  knowledge  of  reason,  of  his  own  peculiar  interests,  nor  of  truth. 


28  TRANSLATIONS   AND   REPRINTS. 


TURGOT. 


Anne  Robert  Jacques  Turgot,  Marquis  de  PAulne,  was  born  in  Paris,  May 
io,  1727.  His  family  was  distinguished  in  municipal  life,  his  father  having 
held  the  office  of  prevdt  des  marchands.  He  was  educated  for  the  priesthood, 
but  in  1751  determined  from  motives  of  conscience  to  enter  another  profes- 
sion. Having  taken  up  the  study  of  law,  he  was  appointed  in  1752  to  a 
position  in  the  office  of  the  procureur  general.  1753,  he  became  a  waz7« 
des  requites.  His  associations  were  at  this  time  largely  with  the  radicals  of 
the  philosophic  group  and  with  the  economists,  Quesnay  and  Gournay.  In 
1761  he  was  made  intendant  of  the  ghieralite  of  Limoges.  His  administra- 
tion of  this  territory  was  marked  with  success,  and  secured  his  promotion 
to  the  king's  ministry  on  the  succession  of  Louis  XVI.  After  a  brief  term 
as  minister  of  marine,  he  was  made  finance  minister  July  19,  1774.  Here  he 
undertook  that  series  of  reforms  which  constitute  the  chief  interest  of  the 
reign  of  Louis  XVI.  It  was  his  misfortune  that  he  was  forced  to  rely  upon 
a  king  who  was  no  hero;  that  he  had  to  encounter  the  opposition  of  the 
queen  and  her  party;  and  that  he  felt  it  necessary  to  convulse  society  with 
the  almost  simultaneous  application  of  a  series  of  reforms  that  drew  down 
upon  him  the  combined  resistance  of  all  vested  rights.  Turgot  received  his 
dismissal  May  12,  1776.  The  remainder  of  his  life  was  devoted  to  his  favor- 
ite studies.     He  died  in  Paris,  March  18,  1781. 

Turgot's  works  were  almost  wholly  upon  subjects  connected  with  admin- 
istration. He  was  a  contributor  to  the  Encyclopaedia.  His  most  important 
work,  on  which  his  reputation  as  an  economist  chiefly  rests,  is  the  Reflexions 
sur  la  Formation  et  la  Distribution  des  Richesses  (1766,  trans.  Lond.,  1793). 
A  complete  edition  of  his  works  is  that  of  Dupont  (9  vols.,  P.  1801-11). 
For  life,  etc.,  see  W.  W.  Stephens:  The  Life  and  Writings  of  Turgot,  Lon- 
don, 1895.     Cf.  Morley,  Critical  Miscellanies,  2d  Series,  1877. 

EXTRACT  FROM  MEMORIAL  TO   THE  KING  ON 
MUNICIPALITIES,  1775* 

Sire, — In  order  to  judge  whether  it  be  expedient  to  establish 
municipalities  in  France  in  the  cantons  where  they  do  not  exist, 
and  whether  we  should  improve  or  should  modify  those  that 
already  exist,  and  how  we  should  constitute  those  which  we  may 
believe  to  be  necessary,  there  is  no  need  for  us  to  go  back  to  the 
origin  of  municipal  administrations,  to  make  an  historical  relation 
of  the  vicissitudes  which  they  have  undergone,  nor  even  to  enter 
with  much  detail  on  the  different  forms  they  assume  to-day.  We 
have  been  too  much  in  the  habit,  when  dealing  with  seriously 

*  W.  W.  Stephens:  The  Life  and  Writings  of  Turgot.  London,  1895,  pp. 
265-268. 


TURGOT.  29 

urgent  questions,  of  deciding  what  is  to  be  done  by  the  examina- 
tion into,  and  by  the  example  of,  what  our  ancestors  have  done 
in  times  which  we  ourselves  confess  to  have  been  times  of  ignor- 
ance and  barbarism.  This  method  is  only  fit  to  lead  justice 
astray — through  the  multiplicity  of  facts  presented  to  us  as  au- 
thorities. It  tends  to  disgust  rulers  with  their  most  important 
functions  when  they  are  told  that  in  order  to  acquit  themselves 
with  effect  and  with  honor  it  is  necessary  to  be  prodigiously 
learned.  All  that  is  necessary  is  to  thoroughly  understand  and 
to  correctly  weigh  the  rights  and  the  interests  of  men.  These 
rights  and  these  interests  are  not  very  numerous,  so  that  the 
science  which  embraces  them,  being  founded  on  the  principles 
of  justice  which  every  one  of  us  carries  in  his  heart,  has  a  great 
degree  of  certitude  without  having  any  great  complexity.  It 
does  not  exact  a  very  deep  study,  and  is  not  beyond  the  powers 
of  any  straightforward  man. 

The  rights  of  men  gathered  in  society  are  not  founded  on  their 
history  as  men,  but  in  their  nature.  There  can  be  no  reason  to 
perpetuate  establishments  which  were  made  without  reason.  The 
Kings,  your  Majesty's  predecessors,  pronounced,  in  the  circum- 
stances in  which  they  found  themselves,  laws  which  they  judged 
to  be  expedient.  They  were  sometimes  wrong.  They  were 
often  led  by  the  ignorance  of  their  age,  and  still  oftener  their 
views  were  obstructed  by  the  very  powerful  self-interests  of 
parties  whom  they  were  not  strong  enough  to  conquer,  and  with 
whom  they  judged  it  wiser  to  compromise.  There  is  nothing  in 
that  to  subject  you  to  retain  the  ordinances  your  ancestors  made 
or  the  institutions  they  supported,  when  you  come  to  recognize 
that  a  change  is  now  just,  useful  and  possible.  None  of  your 
courts,  the  most  accustomed  to  make  complaints,  wTould  venture 
to  contest  your  Majesty's  right,  in  order  to  reform  abuses,  to  a 
legislative  power  as  extensive  as  that  of  the  princes  who  created 
or  permitted  the  abuses  we  now  deplore.  The  greatest  of  all 
powers  is  a  pure  and  enlightened  mind  in  those  to  whom  Provi- 
dence has  entrusted  authority,  shown  in  their  governing  for  the 
good  of  all.  So  long  as  your  majesty  does  not  stray  beyond  the 
lines  of  justice,  you  may  regard  yourself  as  an  absolute  legislator, 
and  may  depend  on  your  well- affected  subjects  for  the  execution 
of  your  decrees. 

Your  nation  is  large,  it  is  necessary  to  have  some  confidence  in 


SO  TRANSLATIONS   AND   RKPRINTS. 

the  means  of  well  governing  it,  and  for  this  end  it  is  necessary  to 
know  its  situation,  its  needs,  its  possibilities,  and  these  even  in 
some  detail.  This  will  be  much  more  useful  than  the  history  of 
past  positions.  But  it  is  a  knowledge  to  which  your  majesty  can- 
not hope  to  arrive  in  the  present  state  of  things,  a  knowledge 
which  your  ministers  cannot  furnish,  or  the  intendants  them- 
selves, and  which  the  sub-delegates  appointed  by  the  intendants 
can  gather  only  very  imperfectly,  owing  to  the  limited  duties  con- 
fided to  their  care.  Hence  arise  in  the  assessment  and  division 
of  the  taxes,  in  the  means  of  levying  them  and  in  the  administra- 
tion connected  with  them,  an  infinity  of  errors  which  excite  as 
many  murmurs,  and  which,  bearing  most  upon  the  lower  classes 
of  people,  contribute  so  effectively  to  keep  their  condition  un- 
happy.    *    *    * 

The  cause  of  this  evil,  Sire,  lies  in  the  fact  that  your  nation  has 
no  constitution.  It  is  a  society  composed  of  different  orders  ill- 
united,  and  of  a  people,  the  members  of  which  have  between 
them  very  few  social  ties,  where  consequently  each  is  concerned 
almost  exclusively  with  his  own  private  interest,  since  there  is  no 
opportunity  for  any  one  to  fulfil  his  social  duties,  or  even  to  know 
what  his  relations  are  to  his  fellow- citizens;  so  that  in  this  con- 
tinual war  of  individual  pretensions  and  violations,  reason  and 
enlightenment  bearing  upon  the  circumstances  have  no  regulating 
effect.  Your  Majesty  is  obliged  to  decide  everything  by  yourself 
or  by  your  mandatories.  The  issue  of  your  special^  orders  is 
waited  for  before  the  public  good  can  be  served,  before  the  rights 
of  others  can  be  respected,  sometimes  even  before  one's  own  rights 
can  be  exercised;  you  are  compelled  to  decree  upon  everything 
(and  very  often  through  private  importunities),  while  you  would 
govern  as  God  does,  by  general  laws,  if  the  integrant  parts  of 
your  empire  had  a  regular  organization  and  had  recognized  con- 
nections. 

Your  kingdom  is  composed  of  provinces;  these  provinces  of 
cantons  or  of  arrondisse?nents,  which  are  named,  according  to  the 
provinces,  bailliages,  elections,  senechaussees,  or  some  such  other 
name.  These  arrondissements  are  formed  of  a  certain  number  of 
villages  and  towns.  These  towns  and  villages  are  inhabited  by 
families.  These  families  are  composed  of  individuals  who  have 
many  duties  to  fulfil  towards  each  other  and  towards  society, 
duties  founded  on  the  benefits  which  they  have  received  in  the 


TURGOT.  31 

past  from  these  others,  and  which  they  every  day  continue  to  re- 
ceive. But  the  individuals  are  very  ill-instructed  upon  the  duties 
in  the  family,  and  they  are  not  instructed  at  all  upon  the  duties 
that  bind  them  to  the  State.  The  families  themselves  scarcely 
know  that  they  belong  to  the  State  of  which  they  form  a  part; 
they  are  ignorant  by  what  title.  They  regard  the  exercise  of 
authority  in  requiring  contributions  to  serve  to  maintain  public 
order  as  merely  the  law  of  the  stronger  party,  to  which  there  is 
no  other  reason  to  yield  than  the  powerlessness  to  resist  it,  and 
which  one  ought  to  elude  whenever  the  means  can  be  found. 
Hence,  every  one  seeks  to  deceive  you  and  to  escape  his  social 
obligations.  His  income  is  concealed,  and  can  be  discovered  very 
imperfectly  by  a  sort  of  inquisition,  in  which,  we  might  say,  your 
Majesty  is  at  war  with  your  own  people,  and  in  this  kind  of  war 
no  one  has  any  interest  in  taking  part  with  the  government;  the 
man  doing  so  would  be  regarded  with  an  evil  eye.  There  is  no 
public  spirit,  because  there  is  no  point  of  common  interest  visible 
and  recognized.  The  villages  and  the  towns,  the  members  of 
which  are  thus  disunited,  have  no  connection  between  themselves 
in  the  arrondissements  to  which  they  are  attributed.  They  can- 
not come  to  an  arrangement  for  any  of  the  public  works  which 
are  necessary.  The  different  districts  are  in  the  same  case,  and 
the  provinces  themselves  find  themselves  in  the  same  position 
towards  the  kingdom. 

In  order  to  dissipate  the  spirit  of  disunion  (by  which  the  work 
of  j'our  administrators  and  of  your  majesty  is  ten  times  multi- 
plied, and  which  necessarily  and  increasingly  diminishes  your 
power),  in  order  to  substitute  for  it  a  spirit  of  order  and  of  union, 
by  which  the  strength  and  the  resources  of  your  nation  may  con- 
cur towards  the  common  good,  we  must  devise  a  plan  which 
shall  link,  one  to  the  other,  all  the  parts  of  the  kingdom  by  an 
education  wThich  we  must  see  to  be  nowhere  neglected  by  a  com- 
mon interest  made  clearly  evident.  The  individuals  must  be 
attached  to  their  families;  the  families  to  the  village  or  town  to 
which  they  belong;  the  towns  and  the  villages  to  the  arrondisse- 
ment  in  which  they  are  comprised;  the  arrondissements  to  the 
provinces  of  which  they  form  a  part;  finally,  the  provinces  to  the 
state. 


32  TRANSLATIONS   AND   REPRINTS. 


SIEYKS. 

Emmanuel  Joseph  Sieyes  was  born  at  Frejus,  May  3,  1748.  He  was  edu- 
cated at  a  Jesuit  school,  became  a  licentiate  of  the  canon  law  and  was 
appointed  vicar-general  by  the  bishop  of  Chartres.  He  first  came  into 
prominence  with  the  publication  of  his  pamphlet,  entitled  "Qu'est  ce  que  le 
thiers  Hat  ?"  In  1789  he  was  elected  delegate  to  the  states-general  from  Paris, 
and  in  the  preliminary  struggle  for  organization  was  made  spokesman  of 
the  third  estate.  The  policy  indicated  in  his  pamphlet  was  that  which  was 
actually  carried  out  in  the  conservative  period  of  the  Revolution.  As  the 
Revolution  progressed  Sieyes  dropped  out  of  sight,  and  had  the  good  for- 
tune to  escape  destruction.  When  asked,  at  a  later  period,  what  he  had 
done  during  the  Terror,  he  summed  up  his  whole  experience  in  the  words: 
"I  existed."  In  1795  he  again  came  forward,  and  was  appointed  member 
of  a  commission  to  draft  a  new  constitution.  His  views  did  not  obtain 
prominence  in  the  constitution  of  1795,  and  he  refused  to  accept  a  position 
in  the  directory  of  the  new  government. 

Sieyes  took  part  with  Napoleon  in  the  coup  of  Hat  of  the  18th  Brumaire, 
and  made  one  of  the  provisional  consulate  with  Napoleon  and  Ducos. 
Later  on  he  was  made  a  count  of  the  Bmpire  and  given  extensive  estates  as 
a  reward  for  his  services  to  France.  This  marks  Sieyes'  final  retirement 
from  public  life.  He  fled  to  Brussels  on  the  second  return  of  the  Bourbons; 
returned  after  the  revolution  of  1830,  and  died  in  Paris,  June  20,  1836. 

EXTRACT  FROM  "WHAT  IS  THE  THIRD-ESTATE?"* 

What  is  necessary  that  a  nation  should  subsist  and  prosper  ? 
Individual  effort  and  public  functions. 

All  individual  efforts  may  be  included  in  four  classes:  1.  Since 
the  earth  and  the  waters  furnish  crude  products  for  the  needs  of 
man,  the  first  class,  in  logical  sequence,  will  be  that  of  all 
families  which  devote  themselves  to  agricultural  labor.  2.  Be- 
tween the  first  sale  of  products  and  their  consumption  or  use,  a 
new  manipulation,  more  or  less  repeated,  adds  to  these  products 
a  second  value  more  or  less  composite.  In  this  manner  human 
industry  succeeds  in  perfecting  the  gifts  of  nature,  and  the  crude 
product  increases  two-fold,  ten-fold,  one  hundred-fold  in  value. 
Such  are  the  efforts  of  the  second  class.  3.  Between  production 
and  consumption,  as  well  as  between  the  various  stages  of  pro- 
duction, a  group  of  intermediary  agents  establish  themselves, 
useful  both  to  producers  and  consumers;  these  are  the  merchants 
and  brokers:  the   brokers  who,   comparing  incessantly  the  de- 

*  Qu'est-ce  que  le  Thiers-F^tat  ?  par  Sieyes.     Paris,  1839,  pp.  33-41. 


SIBYES.  33 

mands  of  time  and  place,  speculate  upon  the  profit  of  retention 
and  transportation;  merchants  who  are  charged  with  distribution, 
in  the  last  analysis,  either  at  wholesale  or  at  retail.  This  species 
of  utility  characterizes  the  third  class.  4.  Outside  of  these  three 
classes  of  productive  and  useful  citizens,  who  are  occupied  with 
real  objects  of  consumption  and  use,  there  is  also  need  in  a  soci- 
ety of  a  series  of  efforts  and  pains,  whose  objects  are  directly 
useful  or  agreeable  to  the  individual.  This  fourth  class  em- 
braces all  those  who  stand  between  the  most  distinguished  and 
liberal  professions  and  the  less  esteemed  services  of  domestics. 

Such  are  the  efforts  which  sustain  society.  Who  puts  them 
forth  ?     The  Third  Estate. 

Public  functions  may  be  classified  equally  well,  in  the  present 
state  of  affairs,  under  four  recognized  heads;  the  sword,  the  robe, 
the  church  and  the  administration.  It  would  be  superfluous  to 
take  them  up  one  by  one,  for  the  purpose  of  showing  that  every- 
where the  Third  Estate  attends  to  nineteen-twentieths  of  them, 
with  this  distinction;  that  it  is  laden  with  all  that  which  is  really 
painful,  with  all  the  burdens  which  the  privileged  classes  refuse 
to  carry.  Do  we  give  the  Third  Estate  credit  for  this  ?  That  this 
might  come  about,  it  would  be  necessary  that  the  Third  Estate 
should  refuse  to  fill  these  places,  or  that  it  should  be  less  ready  to 
exercise  their  functions.  The  facts  are  well  known.  Meanwhile 
they  have  dared  to  impose  a  prohibition  upon  the  order  of  the 
Third  Estate.  They  have  said  to  it:  "Whatever  may  be  your 
services,  whatever  may  be  your  abilities,  you  shall  go  thus  far; 
you  may  not  pass  beyond! "  Certain  rare  exceptions,  properly  re- 
garded, are  but  a  mockery,  and  the  terms  which  are  indulged  in 
on  such  occasions,  one  insult  the  more. 

If  this  exclusion  is  a  social  crime  against  the  Third  Estate;  if 
it  is  a  veritable  act  of  hostility,  could  it  perhaps  be  said  that  it  is 
useful  to  the  public  weal  ?  Alas !  who  is  ignorant  of  the  effects 
of  monopoly?  If  it  discourages  those  whom  it  rejects,  is  it  not 
well  known  that  it  tends  to  render  less  able  those  whom  it  favors? 
Is  it  not  understood  that  every  employment  from  which  free  com- 
petition is  removed,  becomes  dearer  and  less  effective  ? 

In  setting  aside  any  function  whatsoever  to  serve  as  an  ap- 
panage   for  a   distinct    class    among    citizens,   is    it  not   to   be 
observed  that  it  is  no  longer  the  man  alone  who  does  the  work 
that   it  is  necessary  to   reward,  but   all   the  unemployed   mem- 
3 


34  TRANSLATIONS  AND   REPRINTS. 

bers  of  that  same  caste,  and  also  the  entire  families  of  those 
who  are  employed  as  well  as  those  who  are  not?  Is  it  not  to  be 
remarked  that  since  the  government  has  become  the  patrimony 
of  a  particular  class,  it  has  been  distended  beyond  all  measure; 
places  have  been  created,  not  on  account  of  the  necessities  of  the 
governed,  but  in  the  interests  of  the  governing,  etc.,  etc.?  Has 
not  attention  been  called  to  the  fact  that  this  order  of  things, 
which  is  basely  and — I  even  presume  to  say — beastly  respectable 
with  us,  when  we  find  it  in  reading  the  History  of  Ancient  Egypt 
or  the  accounts  of  Voyages  to  the  Indies,*  is  despicable,  mon- 
strous, destructive  of  all  industry,  the  enemy  of  social  progress; 
above  all  degrading  to  the  human  race  in  general,  and  particu- 
larly intolerable  to  Europeans,  etc.,  etc.?  But  I  must  leave  these 
considerations,  which,  if  they  increase  the  importance  of  the  sub- 
ject and  throw  light  upon  it,  perhaps,  along  with  the  new  light, 
slacken  our  progress. 

It  suffices  here  to  have  made  it  clear  that  the  pretended  utility 
of  a  privileged  order  for  the  public  service  is  nothing  more  than  a 
chimera;  that  with  it  all  that  which  is  burdensome  in  this  service 
is  performed  by  the  Third  Estate;  that  without  it  the  superior 
places  would  be  infinitely  better  filled;  that  they  naturally  ought 
to  be  the  lot  and  the  recompense  of  ability  and  recognized  ser- 
vices, and  that  if  privileged  persons  have  come  to  usurp  all  the 
lucrative  and  honorable  posts,  it  is  a  hateful  injustice  to  the  rank 
and  file  of  citizens  and  at  the  same  time  a  treason  to  the  public 
weal. 

Who  then  shall  dare  to  say  that  the  Third  Estate  has  not  within 
itself  all  that  is  necessary  for  the  formation  of  a  complete  nation  ? 
It  is  the  strong  and  robust  man  who  has  one  arm  still  shackled. 
If  the  privileged  order  should  be  abolished,  the  nation  would  be 
nothing  less,  but  something  more.  Therefore,  what  is  the  Third 
Estate?  Everything;  but  an  everything  shackled  and  oppressed. 
What  would  it  be  without  the  privileged  order  ?  Everything,  but 
an  everything  free  and  flourishing.  Nothing  can  succeed  without 
it,  everything  would  be  infinitely  better  without  the  others. 

It  is  not  sufficient  to  show  that  privileged  persons,  far  from 
being  useful  to  the  nation,  cannot  but  enfeeble  and  injure  it ;  it  is 

*  Referring  to  the  account  of  Indian  castes  in  Raynal :  Histoire  phil.  et 
pol.  des  deux  Indes,  book  I.,  a  work  much  in  vogue  at  the  time. 


SIKYKS.  35 

necessary  to  prove  further  that  the  noble  order  does  not  enter  at 
all  into  the  social  organization;  that  it  may  indeed  be  a  burden 
upon  the  nation,  but  that  it  cannot  of  itself  constitute  a  nation. 

In  the  first  place,  it  is  not  possible  in  the  number  of  all  the  ele- 
mentary parts  of  a  nation  to  find  a  place  for  the  caste  of  nobles. 
I  know  that  there  are  individuals  in  great  number  whom  infirmi- 
ties, incapacity,  incurable  laziness,  or  the  weight  of  bad  habits 
render  strangers  to  the  labors  of  society.  The  exception  and  the 
abuse  are  everywhere  found  beside  the  rule.  But  it  will  be  ad- 
mitted that  the  less  there  are  of  these  abuses,  the  better  it  will  be 
for  the  State.  The  worst  possible  arrangement  of  all  would  be 
where  not  alone  isolated  individuals,  but  a  whole  class  of  citizens 
should  take  pride  in  remaining  motionless  in  the  midst  of  the 
general  movement,  and  should  consume  the  best  part  of  the  pro- 
duct without  bearing  any  part  in  its  production.  Such  a  class  is 
surely  estranged  to  the  nation  by  its  indolence. 

The  noble  order  is  not  less  estranged  from  the  generality  of  us 
by  its  civil  and  political  prerogatives. 

What  is  a  nation  ?  A  body  of  associates,  living  under  a  com- 
mon law,  and  represented  by  the  same  legislature,  etc. 

Is  it  not  evident  that  the  noble  order  has  privileges  and  ex- 
penditures which  it  dares  to  call  its  rights,  but  which  are  apart 
from  the  rights  of  the  great  body  of  citizens?  It  departs  there 
from  the  common  order,  from  the  common  law.  So  its  civil 
rights  make  of  it  an  isolated  people  in  the  midst  of  the  great 
nation.     This  is  truly  imperium  in  imperio. 

In  regard  to  its  political  rights,  these  also  it  exercises  apart. 
It  has  its  special  representatives,  which  are  not  charged  with 
securing  the  interests  of  the  people.  The  body  of  its  deputies  sit 
apart;  and  when  it  is  assembled  in  the  same  hall  with  the  deputies 
of  simple  citizens,  it  is  none  the  less  true  that  its  representation  is 
essentially  distinct  and  separate:  it  is  a  stranger  to  the  nation,  in 
the  first  place,  by  its  origin,  since  its  commission  is  not  derived 
from  the  people;  then  by  its  object,  which  consists  of  defending 
not  the  general,  but  the  particular  interest. 

The  Third  Estate  embraces  then  all  that  which  belongs  to  the 
nation;  and  all  that  which  is  not  the  Third  Estate,  cannot  be 
regarded  as  being  of  the  nation.  What  is  the  Third  Estate?  It 
is  the  whole. 


Translations  and  Reprints 

FROM  THE 

ORIGINAL,  SOURCES  OF  EUROPEAN  HISTORY. 


Vol.  VI.  X.  Y.  Z.  LETTERS.  No.  2. 

TABLE  OF  CONTENTS. 

PAGE 

I.    Instructions  to  Envoys     .........      2 

II.    Despatch  from  the  Envoys,  No.  i 4 

1.  Paragraphs  of  the  President's  Speech       .         .         .         .15 

2.  Answer  of  President  Barras  to  the  Speech  of  Mr.  Monroe.     16 

III.  Extracts  from  Despatch,  No.  2 17 

IV.  Extracts  from  Despatches,  Nos.  3  and  4  .        .        .24 
V.    Extracts  from  Letter  of  Envoys  to  Taeeeyrand      .        .    25 

VI.    Envoys'  Account  of  Interview  with  Taeeeyrand      .       .    27 
VII.    Extracts  from  Correspondence  of  Taeeeyrand  and  the 

Envoys 28 

1.  Letter  of  Talleyrand 28 

2.  Correspondence  of  Talleyrand  and  Gerry         .        .         .31 

3.  Letter  of  M.  Hauteval  (Z)  to  Talleyrand  .         .        .        .32 

4.  Later  Correspondence  of  Talleyrand  to  Gerry .         .        .33 
VIII.    Seeect  Bibliography 36 

INTRODUCTION. 
The  following  documents  present  a  phase  of  the  diplomatic  activity  of 
the  French  Directory  of  especial  interest  to  students  of  American  Histor}*. 
The  Adams  administration  had  received  as  a  legacy  from  the  administration 
of  Washington  the  strained  relations  with  France;  for  the  French  Directory, 
regarding  the  ratification  of  the  Jay  treaty  with  England  (Feb.  29,  1796)  as  a 
breach  of  faith  with  France  on  the  part  of  the  United  States,  proceeded  to  take 
measures  of  retaliation.  The  course  of  Monroe,  our  minister  to  France,  fail- 
ing to  give  satisfaction  to  Washington,  he  was  recalled  in  1796.  Pinckney, 
who  had  been  appointed  as  Monroe's  successor,  presented  his  credentials  to 
the  Directory  in  December,  1796,  but  was  not  only  refused  recognition,  but 
in  January  was  ordered  to  leave  France,  and  accordingly  retired  to  Am- 
sterdam. The  report  of  this  treatment  aroused  great  indignation  in  the 
United  States;  but  President  Adams,  hoping  that  reconciliation  could  be 
secured  by  such  a  revision  of  the  treaties  as  would  give  France  equal  ad- 
vantages with  England,  decided  to  send  special  commissioners  to  France. 
In  May,  1797,  he  nominated  Pinckney,  Marshall  and  Dana  as  Envoys. 
Upon  the  declination  of  Dana,  Gerry  was  substituted.  The  first  four  of  the 
following  despatches  were  communicated  by  the  President  to  both  Houses 
on  April  3,  1798,  in  response  to  a  call  for  all  the  papers  made  by  the  House 
on  the  preceding  day;  the  others  were  transmitted  to  Congress  from  time 
to  time  as  they  were  received. 


2  TRANSLATIONS  AND  REPRINTS. 

I.  Instructions  to  Charges  Cotesworth  Pinckney,  John 
Marshau,,  and  Klbridge  Gerry,  Esqs.,  Envoys  Extra- 
ordinary and  Ministers  Plenipotentiary  from  the 
United  States  of  America  to  the  French  Republic. 

Department  of  State,  Jui,y  15,  1797. 
Gentlemen  ;  It  is  known  to  you  that  the  people  of  the  United 
States  of  America  entertained  a  warm  and  sincere  affection  for 
the  people  of  France,  ever  since  their  arms  were  united  in  the  war 
with  Great  Britain,  which  ended  in  the  full  and  formal  acknowl- 
edgment of  the  independence  of  these  States.  It  is  known  to  you 
that  this  affection  was  ardent,  when  the  French  determined  to 
reform,  their  Government  and  establish  it  on  the  basis  of  liberty; 
that  liberty  in  which  the  people  of  the  United  States  were  born, 
and  which,  in  the  conclusion  of  the  war  above  mentioned,  was 
finally  and  firmly  secured.  It  is  known  to  you  that  this  affection 
rose  to  enthusiasm,  when  the  war  was  kindled  between  France 
and  the  Powers  of  Europe,  which  were  combined  against  her  for 
the  avowed  purpose  of  restoring  the  monarchy;  and  everywhere 
vows  were  heard  for  the  success  of  the  French  arms.  Yet,  during 
this  period,  France  expressed  no  wish  that  the  United  States 
should  depart  from  their  neutrality.  And  while  no  duty  required 
us  to  enter  into  the  war,  and  our  best  interests  urged  us  to  remain 
at  peace,  the  Government  determined  to  take  a  neutral  station : 
which  being  taken,  the  duties  of  an  impartial  neutrality  became 
indispensably  binding.  Hence  the  Government  early  proclaimed 
to  our  citizens  the  nature  of  those  duties,  and  the  consequences  of 
their  violation. 

A  Government,  thus  fair  and  upright  in  its  principles,  and  just 
and  impartial  in  its  conduct,  might  have  confidently  hoped  to  be 
secure  against  formal  official  censure;  but  the  United  States  have 
not  been  so  fortunate.  The  acts  of  their  Government  in  its  vari- 
ous branches,  though  pure  in  principle  and  impartial  in  operation, 
and  conformable  to  their  indispensable  rights  of  sovereignty,  have 
been  assigned  as  the  cause  of  the  offensive  and  injurious  measures 
of  the  French  Republic.  For  proofs  of  the  former,  all  the  acts  of 
the  Government  may  be  vouched  ;  while  the  aspersions  so  freely 
uttered  by  the  French  Ministers,  the  refusal  to  hear  the  Ministers 
of  the  United  States  specially  charged  to  enter  on  amicable  discus- 


INSTRUCTIONS  TO  COMMISSIONERS.  3 

sions  on  all  the  topics  of  complaint,  the  decrees  of  the  Executive 
Directory  and  of  their  agents,  the  depredations  on  our  commerce, 
and  the  violences  against  the  persons  of  our  citizens,  are  evidences 
of  the  latter.  These  injuries  and  depredations  will  constitute  an 
important  subject  of  your  discussions  with  the  Government  of  the 
French  Republic;  and  for  all  these  wrongs  you  will  seek  redress. 

We  have  witnessed  so  many  erroneous  constructions  of  the 
treaty  with  France,  even  in  its  plainest  parts,  it  will  be  necessary 
to  examine  every  article  critically,  for  the  purpose  of  preventing, 
as  far  as  human  wisdom  can  prevent,  all  future  misinterpreta- 
tions. 

Then  follows  a  detailed  examination  of  the  same,  and  the  instructions  end 
as  follows : 

On  the  supposition  that  a  treaty  will  be  negotiated  to  alter  and 
amend  the  treaties,  which  now  exist  between  France  and  United 
States,  the  following  leading  principles,  to  govern  the  negotiation 
are  subjoined : 

i .  Conscious  integrity  authorizes  the  Government  to  insist,  that 
no  blame  or  censure  be  directly,  or  indirectly,  imputed  to  the 
United  States.  But,  on  the  other  hand,  however  exceptionable 
in  the  view  of  our  own  Government,  and  in  the  eyes  of  an  impar- 
tial world,  may  have  been  the  conduct  of  France,  yet  she  may  be 
unwilling  to  acknowledge  any  aggressions,  and  we  do  not  wish  to 
wound  her  feelings,  or  to  excite  resentment.  It  will,  therefore, 
be  best  to  adopt,  on  this  point,  the  principle  of  the  British  Treaty, 
and  ' '  terminate  our  differences  in  such  a  manner,  as,  without 
referring  to  the  merits  of  our  respective  complaints  and  preten- 
sions, may  be  the  best  calculated  to  produce  mutual  satisfaction 
and  good  understanding." 

2.  That  no  aid  be  stipulated  in  favor  of  France  during  the  pres- 
ent War. 

3.  That  no  engagement  be  made  inconsistent  with  the  obliga- 
tions of  any  prior  treaty. 

4.  That  no  restraint  on  our  lawful  commerce  with  any  other 
nation  be  admitted. 

5.  That  no  stipulation  be  made,  under  color  of  which  tribunals 
can  be  established  within  our  jurisdiction,  or  personal  privileges 
claimed  by  French  citizens  incompatible  with  the  complete  sover- 
eignty and  independence  of  the  United  States,  in  matters  of  policy, 
commerce,  and  government. 


4  TRANSLATIONS  AND  REPRINTS. 

It  will  be  expedient  to  limit  the  duration  of  the  treaty  to  a  term 
of  from  ten  to  twenty  years.  Such  changes  in  the  circumstances 
of  the  two  parties  are  likely  to  happen  within  either  of  those  per- 
iods, as  to  give  one  or  both  good  reason  to  desire  a  change  in  the 
conditions  of  the  treaty.  From  this  limitation  may  be  excepted 
such  articles  as  are  declaratory  of  a  state  of  peace,  or  as  are  in- 
tended to  regulate  the  conduct  of  the  two  nations  at  the  commence- 
ment of,  or  during  a  state  of  war,  or  which  are  founded  in  morality 
and  justice,  and  are,  in  their  nature,  of  perpetual  obligation.  Of 
this  kind  may  be  considered  the  tenth  article  of  the  treaty  with 
Great  Britain;1  which,  therefore,  may  very  properly  be  introduced 
into  the  treaty  with  France. 

Finally,  the  great  object  of  the  Government  being  to  do  justice 
to  France  and  her  citizens,  if  in  anything  we  have  injured  them; 
to  obtain  justice  for  the  multiplied  injuries  they  have  committed 
against  us,  and  to  preserve  peace;  your  style  and  manner  of  pro- 
ceeding will  be  such  as  shall  most  directly  tend  to  secure  these  ob- 
jects. There  may  be  such  a  change  in  men  and  measures  in 
France,  as  will  authorize,  perhaps  render  politic,  the  use  of  strong 
language  in  describing  the  treatment  we  have  received.  On  the 
other  hand,  the  French  Government  may  be  determined  to  frus- 
trate the  negotiation,  and  throw  the  odium  on  this  country ;  in 
which  case,  anything  like  warmth  and  harshness  would  be  made 
the  pretext.  If  things  remain  in  their  present  situation,  the  style 
of  representation  will  unite,  as  much  as  possible,  calm  dignity 
with  simplicity,  force  of  sentiment  with  mildness  of  language,  and 
be  calculated  to  impress  an  idea  of  inflexible  perseverance,  rather 
than  of  distrust  or  confidence. 


II.  Despatch  prom  the  Envoys  to  the  Secretary  op  State. 
Explanatory  Letter  from  the  Secretary  of  State. 
The  names  designated  by  the  letters  W,  X,  Y,  Z,  in  the  follow- 
ing copies  of  letters  from  the  Envoys  of  the  United  States  to  the 
French  Republic,  are,  in  the  originals,  written  at  full  length,  in 
ciphers.  For  the  same  reason  that  single  letters  are  thus  taken 
to  designate  certain  persons  named  in  the  letters,  other  words  de- 
scriptive of  them  are  omitted.  Timothy  Pickering. 

1  This  provided  that  private  debts  and  moneys  should  not  be  sequestered 
or  confiscated  in  time  of  war.     Treaty  of  1794. 


DESPATCH   FROM   ENVOYS. 


Despatch  No.  i. 


This  first  letter  of  the  Envoys  is  given  almost  in  its  entirety,  as  it  presents 
the  three  demands  of  the  French  Government.  The  words  enclosed  by 
brackets  (  )  were  omitted  in  the  despatch  as  published,  but  have  been  sup- 
plied from  the  manuscript  in  the  Department  of  State  at  Washington. 

Paris,  October  22,  1797. 
Dear  Sir:  All  of  us  having  arrived  at  Paris,  on  the  evening  of  the 
4th  instant,  on  the  next  day  we  verbally,  and  unofficially,  informed 
the  Minister  of  Foreign  Affairs  therewith,  and  desired  to  know 
when  he  would  be  at  leisure  to  receive  one  of  our  secretaries  with 
the  official  notification.  He  appointed  the  next  day,  at  two 
o'clock,  when  Major  Rutledge  waited  on  him  with  the  following 
letter : 

Citizen  Minister:  The  United  States  of  America  being  desirous 
of  terminating  all  differences  between  them  and  the  French  Re- 
public, and  of  restoring  that  harmony  and  good  understanding, 
and  that  commercial  and  friendly  intercourse  which,  from  the 
commencement  of  their  political  connexion  until  lately  have  so 
happily  subsisted,  the  President  has  nominated,  and,  by  and  with 
the  advice  and  consent  of  the  Senate,  has  appointed  us,  the  under- 
signed, jointly  and  severally,  Envoys  Extraordinary  and  Ministers 
Plenipotentiary  to  the  French  Republic,  for  the  purpose  of  accom- 
plishing these  great  objects.  In  pursuance  of  such  nomination  and 
appointment,  and  with  such  view,  having  come  to  Paris,  we  wish, 
Citizen  Minister,  to  wait  on  you  at  any  hour  you  will  be  pleased 
to  appoint,  to  present  the  copy  of  our  letters  of  credence ;  and 
whilst  we  evince  our  sincere  and  ardent  desire  for  the  speedy  res- 
toration of  friendship  and  harmony  between  the  two  Republics, 
we  flatter  ourselves  with  your  concurrence  in  the  accomplishment 
of  this  desirable  event.  We  request  you  will  accept  the  assurances 
of  our  perfect  esteem  and  consideration. 

Charles  C.  Pinckney, 
John  Marshall, 
Elbridge  Gerry. 

Paris,  October  6. 

To  this  letter  the  Minister  gave  a  verbal  answer,  that  he  would 
see  us  the  day  after  the  morrow,  (the  8th,)  at  one  oclock.  Ac- 
cordingly, at  that  hour  and  day,  we  waited  on  the  Minister  at  his 


6  TRANSLATIONS  AND  REPRINTS. 

house,  where  his  office  is  held,  when,  being  informed  [that]  he  was 
at  home,  the  Secretary  General  of  the  department  told  Major 
Rutledge  that  the  Minister  was  obliged  to  wait  on  the  Directory, 
and  requested  that  we  would  suspend  our  visit  till  three  o'clock; 
at  which  hour  we  called.  The  Minister,  we  found,  was  then  en- 
gaged with  the  Portuguese  Minister,  who  retired  in  about  ten 
minutes,  when  we  were  introduced  and  produced  the  copy  of  our 
letters  of  credence,  which  the  Minister  perused  and  kept.  He  in- 
formed us,  ' '  that  the  Directory  had  required  him  to  make  a  report 
relative  to  the  situation  of  the  United  States  with  regard  to  France, 
which  he  was  then  about,  and  which  would  be  finished  in  a  few 
days,  when  he  would  let  us  know  what  steps  were  to  follow. ' ' 
We  asked  if  cards  of  hospitality  were  in  the  meantime  necessary  ? 
He  said  they  were,  and  that  they  should  be  delivered  to  us;  and 
he  immediately  rung  for  his  secretary  and  directed  him  to  make 
them  out.  The  conversation  was  carried  on  by  him  in  French, 
and  by  us  in  our  own  language. 

The  next  day  cards  of  hospitality  were  sent  to  us  and  our  secre- 
taries, in  a  style  suitable  to  our  official  character. 

On  Saturday,  the  14th,  Major  Mountflorence  informed  General 
Pinckney  that  he  had  had  a  conversation  with  Mr.  Osmond,  the 
private  and  confidential  secretary  of  the  Minister  of  Foreign  Af- 
fairs, who  told  him  that  the  Directory  were  greatly  exasperated 
at  some  parts  of  the  President's  Speech  at  the  opening  of  the  last 
session  of  Congress,1  and  would  require  an  explanation  of  them 
from  us.  The  particular  parts  were  not  mentioned.  In  another 
conversation  on  the  same  day,  the  secretary  informed  the  Major 
that  the  Minister  had  told  him  it  was  probable  we  should  not  have 
a  public  audience  of  the  Directory  till  such  time  as  our  negotiation 
was  finished  ;  that  probably  persons  might  be  appointed  to  treat 
with  us,  but  they  would  report  to  him,  and  he  would  have  the 
direction  of  the  negotiation.  The  Major  did  not  conceal  from  Mr. 
Osmond  his  intention  to  communicate  these  conversations  to  us. 

On  the  morning  of  October  18th,  Mr.  W.,  of  the  house  of  (van 
Stophorts  and  Hubbard  of  Amsterdam,)  called  on  General  Pinck- 
ney and  informed  him  that  a  Mr.  X,  who  was  in  Paris,  and  whom 
the  General  had  seen  (at  Amsterdam),  was  a  gentlemen  of  con- 
siderable credit  and  reputation,   (that  he  had  formerly  been  a 

1  Special  Session,  Ma}  16,  1797. 


DESPATCH   FROM    ENVOYS.  7 

banker  at  Paris  and  had  settled  his  affairs  with  honor,  that  he 
had  then  formed  connections  in  America,  had  married  a  native  of 
that  country;  intended  to  settle  there;  was  supported  by  some 
capital  houses  in  Holland),  and  that  we  might  place  great  reliance 
on  him. 

In  the  evening  of  the  same  day,  Mr.  X  called  on  General 
Pinckney,  and  after  having  sat  some  time  (in  a  room  full  of 
company),  whispered  him  that  he  had  a  message  from  M.  Tal- 
leyrand to  communicate  when  he  was  at  leisure.  General 
Pinckney  immediately  withdrew  with  him  into  another  room  ; 
and  when  they  were  alone,  Mr.  X  said  that  he  was  charged  with 
a  business  in  which  he  was  a  novice;  that  he  had  been  acquainted 
with  M.  Talleyrand  (in  America),  and  that  he  was  sure  he  had  a 
great  regard  for  (that  country)  and  its  citizens;  and  was  very  de- 
sirous that  a  reconciliation  should  be  brought  about  with  France; 
that,  to  effectuate  that  end,  he  was  ready,  if  it  was  thought 
proper,  to  suggest  a  plan,  confidentially,  that  M.  Talleyrand  ex- 
pected would  answer  the  purpose.  General  Pinckney  said  he 
would  be  glad  to  hear  it.  M.  X.  replied  that  the  Directory,  and 
particularly  two  of  the  members  of  it,  were  exceedingly  irritated 
at  some  passages  of  the  President's  Speech,  and  desired  that  they 
should  be  softened,  and  that  this  step  would  be  necessary  previ- 
ous to  our  reception.  That,  besides  this,  a  sum  of  money  was 
required  for  the  pocket  of  the  Directory  and  Ministers,  which 
would  be  at  the  disposal  of  M.  Talleyrand;  and  that  a  loan  would 
also  be  insisted  on.  M.  X.  said  if  we  acceded  to  these  measures, 
M.  Talleyrand  had  no  doubt  that  all  our  differences  with  France 
might  be  accommodated.  On  inquiry,  M.  X.  could  not  point  out 
the  particular  passages  of  the  Speech  that  had  given  offense,  nor 
the  quantum  of  the  loan,  but  mentioned  that  the  douceur  for  the 
pocket  was  twelve  hundred  thousand  livres,  about  fifty  thousand 
pounds  sterling.  General  tinckney  told  him,  that  his  colleagues 
and  himself,  from  the  time  of  their  arrival  here,  had  been  treated 
with  great  slight  and  disrespect;  that  they  earnestly  wished  for 
peace  and  reconciliation  with  France;  and  had  been  intrusted  by 
their  country  with  very  great  powers  to  obtain  these  ends  on 
honorable  terms;  that,  with  regard  to  the  propositions  made,  he 
would  not  even  consider  of  them  before  he  had  communicated 
them  to  his  colleagues;  that,  after  he  had  done  so,  he  should  heat 
from  him.     After  a  communication  and  consultation  had,  it  was 


8  TRANSLATIONS  AND  REPRINTS. 

agreed  that  General  Pinckney  should  call  on  M.  X.  and  request 
him  to  make  his  propositions  to  us  all :  and,  for  fear  of  mistake  or 
misapprehension,  that  he  be  requested  to  reduce  the  heads  into 
writing.  Accordingly,  on  the  morning  of  October  19th,  General 
Pinckney  called  on  M.  X.,  who  consented  to  see  his  colleagues  in 
the  evening,  and  to  reduce  his  propositions  to  writing.  He  said 
his  communication  was  not  immediately  with  M.  Talleyrand,  but 
through  another  gentleman  in  whom  M.  Talleyrand  had  great 
confidence.     This  proved  afterwards  to  be  M.  Y. 

At  six  in  the  evening,  M.  X.  came  and  left  with  us  the  first  set 
of  propositions,  which,  translated  from  the  French,  are  as  follows: 

' '  A  person  who  possesses  the  confidence  of  the  Directory,  on 
what  relates  to  the  affairs  of  America,  convinced  of  the  mutual 
advantages  which  would  result  from  the  re-establishment  of  the 
good  understanding  between  the  two  nations,  proposes  to  employ 
all  of  his  influence  to  obtain  this  object.  He  will  assist  the  Com- 
missioners of  the  United  States  in  all  the  demands  which  they  may 
have  to  make  from  the  Government  of  France,  inasmuch  as  they 
may  not  be  contradictory  to  those  which  he  proposes  himself  to 
make,  and  of  which  the  principal  will  be  communicated  confiden- 
tially. It  is  desired  that,  in  the  official  communications,  there 
should  be  given  a  softening  term  to  a  part  of  the  President's 
Speech  to  Congress,  which  has  caused  much  irritation.  It  is 
feared  that,  in  not  satisfying  certain  individuals  in  this  respect, 
they  may  give  way  to  all  their  resentment. 

The  nomination  of  Commissioners  will  be  consented  to  on  the 
same  footing  as  they  have  been  named  in  the  treaty  v/ith  England, 
to  decide  on  the  reclamations  which  individuals  of  America  may 
make  on  the  Government  of  France,  or  on  French  individuals. 
The  payment  which,  agreeably  to  the  decisions  of  the  Commis- 
sioners, shall  fall  to  the  share  of  the  French  Government,  are  to 
be  advanced  by  the  American  Government  itself.  It  is  desired 
that  the  funds  which,  by  this  means,  shall  enter  again  into  the 
American  trade,  should  be  employed  in  new  supplies  for  the 
French  colonies.  Engagements  of  this  nature,  on  the  part  of  in- 
dividuals reclaiming,  will  always  hasten,  in  all  probability,  the 
decisions  of  the  French  Commissioners;  and,  perhaps,  it  may  be 
desired  that  this  clause  should  make  a  part  of  the  instructions 
which  the  Government  of  the  United  States  should  give  to  the 
Commissioners  they  may  choose.     The  French  Government  de- 


DESPATCH    FROM    ENVOYS.  9 

sires,  besides,  to  obtain  a  loan  from  the  United  States;  but  so  that 
that  should  not  give  any  jealousy  to  the  English  Government,  nor 
hurt  the  neutrality  of  the  United  States.  This  loan  shall  be 
masked  by  stipulating,  that  the  Government  of  the  United  States 
consents  to  make  the  advancements  for  the  payment  of  the  debts 
contracted  by  the  agents  of  the  French  Government  with  the  citi- 
zens of  the  United  States,  and  which  are  already  acknowledged, 
and  the  payment  ordered  by  the  Directory,  without  having  been 
yet  effectuated.  There  should  be  delivered  a  note  to  the  amount 
of  these  debts.  Probably  this  note  may  be  accompanied  by  osten- 
sible pieces,  which  will  guarantee  to  the  agents  the  responsibility 
of  the  United  States,  in  case  any  umbrage  should  cause  an  injury. 
There  shall  also  be  first  taken  from  this  loan  certain  sums  for  the 
purpose  of  making  the  customary  distribution  in  diplomatic  af- 
fairs." 

The  person  of  note  mentioned  in  the  minutes,  who  had  the  con- 
fidence of  the  Directory,  he  said,  before  us  all,  was  M.  Talleyrand. 
The  amount  of  the  loan  he  could  not  ascertain  precisely,  but  un- 
derstood it  would  be  according  to  our  ability  to  pay.  The  sum 
which  would  be  considered  as  proper,  according  to  diplomatic 
usage,  was  about  twelve  hundred  thousand  livres.  He  could  not 
state  to  us  what  parts  of  the  President's  Speech  were  excepted 
to,  but  said  he  would  inquire  and  inform  us.  *  *  *  On  the  morn- 
ing of  the  20th,  M.  X.  called  and  said  that  M.  Y.,  the  confidential 
friend  of  M.  Talleyrand,  instead  of  communicating  with  us 
through  M.  X.,  would  see  us  himself  and  make  the  necessary 
explanations.  We  appointed  to  meet  him  the  evening  of  the  20th 
at  seven  o'clock,  in  General  Marshall's  room.  At  seven,  M.  Y. 
and  M.  X.  entered;  and  the  first  mentioned  gentleman,  being  in- 
troduced to  us  as  the  confidential  friend  of  M.  Talleyrand,  imme- 
diately stated  to  us  the  favorable  impressions  of  that  gentleman 
toward  our  country — impressions  which  were  made  by  the  kind- 
ness and  civilities  he  had  personally  received  in  America.  That 
impressed  by  his  solicitude  to  repay  these  kindnesses,  he  was 
willing  to  aid  us  in  the  present  negotiation  by  his  good  offices 
with  the  Directory,  who  were,  he  said,  extremely  irritated 
against  the  Government  of  the  United  States,  on  account  of 
some  parts  of  the  President's  Speech,  and  who  had  neither 
acknowledged  nor  received  us,  and  consequently  have  not  author- 
ized M.  Talleyrand  to  have  any  communications  with  us.     The 


IO  TRANSLATIONS  AND   REPRINTS. 

Minister,  therefore,  could  not  see  us  himself,  but  had  author- 
ized his  friend  M.  Y.  to  communicate  to  us  certain  propositions, 
and  to  receive  our  answers  to  them ;  and  to  promise,  on  his  part, 
that  if  we  would  engage  to  consider  them  as  the  basis  of  the  pro- 
posed negotiation,  he  would  intercede  with  the  Directory  to  ac- 
knowledge us,  and  to  give  us  a  public  audience. 

M.  Y.  stated  to  us,  explicitly  and  repeatedly,  that  he  was  clothed 
with  no  authority;  that  he  was  not  a  diplomatic  character;  that  he 
was  not  (even  a  Frenchman)  he  was  only  the  friend  of  M.  Talley- 
rand, and  trusted  by  him;  that,  with  regard  to  himself,  he  had 
(landed  property  in  America  on  which  he  hoped  his  children  would 
reside;)  and  he  earnestly  wished  well  to  the  United  States.  He 
then  took  out  of  his  pocket  a  French  translation  of  the  President's 
Speech,  the  parts  of  which,  objected  to  by  the  Directory,  were 
marked,  agreeably  to  our  request  to  M.  X.,  and  are  contained  in 
the  exhibit  A.  Then  he  made  us  'the  second  set  of  propositions, 
which  were  dictated  by  him  and  written  by  M.  X.  in  our  pres- 
ence, and  delivered  to  us,  and  which,  translated  from  the  French, 
are  as  follows:  "There  is  demanded  a  formal  disavowal  in  writ- 
ing, declaring  the  speech  of  the  citizen  President,  Barras,  did  not 
contain  anything  offensive  to  the  Government  of  the  United 
States,  nor  anything  which  deserved  the  epithets  contained  in  the 
whole  paragraph.  Secondly,  reparation  is  demanded  for  the 
article  by  which  it  shall  be  declared,  that  the  decree  of  the  Direc- 
tory there  mentioned  did  not  contain  anything  contrary  to  the 
treaty  of  1778,  and  had  none  of  those  fatal  consequences  that  the 
paragraph  reproaches  to  it.  Thirdly,  it  is  demanded  that  there 
should  be  an  acknowledgment,  in  writing,  of  the  depredations 
exercised  on  our  trade  by  the  English  and  French  privateers. 
Fourthly,  the  Government  of  France,  faithful  to  the  profession  of 
public  faith  which  it  had  made  not  to  intermeddle  in  the  internal 
affairs  of  foreign  Governments  with  which  it  is  at  peace,  would 
look  upon  this  paragraph  as  an  attack  upon  its  loyalty,  if  this  was 
intended  by  the  President.  It  demands,  in  consequence,  a  formal 
declaration  that  it  is  not  the  Government  of  France,  nor  its  agents, 
that  this  paragraph  meant  to  designate.  In  consideration  of  these 
reparations  the  French  Republic  is  disposed  to  renew  with  the 
United  States  of  America  a  treaty  which  shall  place  them  recipro- 
cally in  the  same  state  that  they  were  in  1778.  By  this  new 
treaty,  France  shall  be  placed,  with  respect  to  the  United  States, 


DESPATCH   FROM   ENVOYS.  II 

exactly  on  the  same  footing  as  they  stand  with  England,  in  virtue 
of  the  last  treaty  which  has  been  concluded  between  them.  A 
secret  article  of  this  new  treaty  would  be  a  loan  to  be  made  by 
the  United  States  to  the  French  Republic;  and,  once  agreed  upon 
the  amount  of  the  loan,  it  would  be  endeavored  to  consult  the 
convenience  of  the  United  States  with  respect  to  the  best  method 
of  preventing  its  publicity." 

On  reading  the  speech,  M.  Y.  dilated  very  much  upon  the  keen- 
ness of  the  resentment  it  had  produced,  and  expatiated  largely  on 
the  satisfaction  he  said  was  indispensably  necessary  as  a  prelimi- 
nary to  negotiation.  "  But,"  said  he,  "gentlemen,  I  will  not  dis- 
guise from  you  that  this  satisfaction  being  made,  the  essential  part 
of  the  treaty  remains  to  be  adjusted;  il  faut  de  V argent— il  faut 
beaucoup  d' argent;"  you  must  (pay  money,  you  must  pay  a  great 
deal  of  money.  He  spoke  much  of  the  force,  the  honor,  and  the 
jealous  republican  pride  of  France;  and  represented  to  us  strongly 
the  advantage  which  we  should  derive  from  the  neutrality  thus  to 
be  purchased.  He  said  that  the  receipt  of  the  money  might  be  so 
disguised  as  to  prevent  its  being  considered  as  a  breach  of  neutral- 
ity by  Bngland;  and  thus  save  us  from  being  embroiled  with  that 
Power.  Concerning  the  twelve  hundred  thousand  livres  little  was 
said;  that  being  completely  understood,  on  all  sides,  to  be  required 
for  the  officers  of  Government,  and,  therefore,  needing  no  further 
explanation.  These  propositions,  he  said,  being  considered  as  the 
admitted  basis  of  the  proposed  treaty,  M.  Talleyrand  trusted  that, 
by  his  influence  with  the  Directory,  he  could  prevail  on  the  Gov- 
ernment to  receive  us.  We  asked  whether  we  were  to  consider  it 
as  certain,  that,  without  a  previous  stipulation  to  the  effect  re- 
quired, we  were  not  to  be  received.  He  answered  that  M.  Talley- 
rand himself  was  not  authorized  to  speak  to  us  the  will  of  the 
Directory,  and  consequently  could  not  authorize  him.  The  con- 
versation continued  until  half  after  nine,  when  they  left  us;  having 
engaged  to  breakfast  with  Mr.  Gerry  the  next  morning. 

October  the  21st,  M.  X.  came  before  nine  o'clock;  M.  Y.  did 
not  come  until  ten:  he  had  passed  the  morning  with  M.  Talley- 
rand. After  breakfast  the  subject  was  immediately  resumed.  He 
represented  to  us,  that  we  were  not  yet  acknowledged  or  received; 
that  the  Directory  was  so  exasperated  against  the  United  States, 
as  to  come  to  a  determination  to  demand  from  us,  previous  to  our 
reception,  those  disavowals,  reparations,  and  explanations,  which 


12  TRANSLATIONS  AND   RKPRINTS. 

were  stated  at  large  last  evening.  He  said  that  M.  Talleyrand 
and  himself  were  extremely  sensible  of  the  pain  we  must  feel  in 
complying  with  this  demand,  but  that  the  Directory  would  not 
dispense  with  it;  that,  therefore,  we  must  consider  it  as  the  indis- 
pensable preliminary  to  obtain  our  reception,  unless  we  could  find 
the  means  to  change  their  determination  in  this  particular;  that 
if  we  satisfied  the  Directory  in  these  particulars,  a  letter  would  be 
written  to  us  to  demand  the  extent  of  our  powers,  and  to  know 
whether  we  were  authorized  to  place  them  precisely  on  the  same 
footing  with  England;  whether,  he  said,  our  full  powers  were 
really  and  substantially  full  powers,  or,  like  those  of  I^ord  Malmes- 
bury,  only  illusory  powers;  that,  if  to  this  demand  our  answer 
should  be  affirmative,  then  France  would  consent  that  commis- 
sioners should  be  appointed  to  ascertain  the  claims  of  the  United 
States  in  like  manner  as  under  our  treaty  with  England ;  *  *  * 

We  required  an  explanation  of  that  part  of  the  conversation,  in 
which  M.  Y.  had  hinted  at  our  finding  means  to  avert  the  demand 
concerning  the  President's  Speech.  He  answered,  that  he  was 
not  authorized  to  state  those  means,  but  that  we  must  search  for 
them  and  propose  them  ourselves.  If,  however,  we  asked  his 
opinion  as  a  private  individual,  and  would  receive  it  as  coming 
from  him,  he  would  suggest  to  us  the  means  which,  in  his  opin- 
ion, would  succeed.  On  being  asked  to  suggest  the  means,  he 
answered,  money;  that  the  Directory  were  jealous  of  its  own  honor 
and  of  the  honor  of  the  nation;  that  it  insisted  on  receiving  from 
us  the  same  respect  with  which  we  had  treated  the  King;  that  this 
honor  must  be  maintained  in  the  manner  before  required,  unless 
we  substituted,  in  the  place  of  these  reparations,  something,  per- 
haps more  valuable,  that  was  money.  He  said,  further,  that  if 
we  desired  him  to  point  out  the  sum  which  he  believed  would  be 
satisfactory,  he  would  do  so.  We  requested  him  to  proceed;  and 
he  said  that  there  were  thirty- two  millions  of  florins,  of  Dutch  in- 
scriptions, worth  ten  shillings  in  the  pound,  which  might  be  as- 
signed to  us  at  twenty  shillings  in  the  pound;  and  he  proceeded 
to  vState  to  us  the  certainty  that,  after  a  peace,  the  Dutch  Govern- 
ment would  repay  us  the  money;  so  that  we  should  ultimately  lose 
nothing,  and  the  only  operation  of  the  measure  would  be,  an  ad- 
vance from  us  to  France  of  thirty- two  millions,  on  the  credit  of  the 
Government  of  Holland.  We  asked  him  whether  the  fifty  thou- 
sand pounds  sterling,  as  a  douceur  to  the  Directory,  must  be  in 


DESPATCH   FROM   ENVOYS.  13 

addition  to  this  sum.  He  answered  in  the  affirmative.  We  told 
him  that,  on  the  subject  of  the  treaty,  we  had  no  hesitation  in  say- 
ing that  our  powers  were  ample;  that,  on  the  other  points  proposed 
to  us,  we  would  retire  into  another  room,  and  return  in  a  few  min- 
utes with  our  answer. 

We  committed  immediately  to  writing  the  answer  we  proposed, 
in  the  following  words:  "  Our  powers  respecting  a  treaty  are  am- 
ple; but  the  proposition  of  a  loan,  in  the  form  of  Dutch  inscrip- 
tions, or  in  any  other  form,  is  not  within  the  limits  of  our  instruc- 
tions; upon  this  point,  therefore,  the  Government  must  be  con- 
sulted; one  of  the  American  Ministers  will,  for  the  purpose,  forth- 
with embark  for  America;  provided  the  Directory  will  suspend  all 
further  captures  on  American  vessels,  and  will  suspend  proceed- 
ings on  those  already  captured,  as  well  where  they  have  been 
already  condemned,  as  where  the  decisions  have  not  yet  been  ren- 
dered; and  that  where  sales  have  been  made,  but  the  money  not 
yet  received  by  the  captors,  it  shall  not  be  paid  until  the  prelimi- 
nary questions,  proposed  to  the  Ministers  of  the  United  States,  be 
discussed  and  decided:"  which  was  read  as  a  verbal  answer;  and 
we  told  them  they  might  copy  it  if  they  pleased.  M.  Y.  refused 
to  do  so;  his  disappointment  was  apparent;  he  said  we  treated  the 
money  part  of  the  proposition  as  if  it  had  proceeded  from  the  Di- 
rectory; whereas,  in  fact,  it  did  not  proceed  even  from  the  Minis- 
ter, but  was  only  a  suggestion  from  himself,  as  a  substitute  to  be 
proposed  by  us,  in  order  to  avoid  the  painful  acknowledgment  that 
the  Directory  had  determined  to  demand  from  us.  It  was  told 
him  that  we  understood  that  matter  perfectly;  that  we  knew  the 
proposition  was  in  form  to  be  ours;  but  that  it  came  substantially 
from  the  Minister. 

We  asked  what  had  led  to  our  present  conversation?  And 
General  Pinckney  then  repeated  the  first  communication  from 
M.  X.,  to  the  whole  of  which  that  gentleman  assented,  and  we 
observed  that  those  gentlemen  had  brought  no  testimonials  of 
their  speaking  anything  from  authority;  but  that,  relying  on  the 
fair  characters  they  bore,  we  had  believed  them  when  they  said 
they  were  from  the  Minister,  and  had  conversed  with  them,  in 
like  manner,  as  if  we  were  conversing  with  M.  Talleyrand  him- 
self; and  that  we  could  not  consider  any  suggestion  M.  Y.  had 
made  as  not  having  been  previously  approved  of;  but  yet,  if  he 
did  not  choose  to  take  a  memorandum  in  writing  of  our  answer, 


14  TRANSLATIONS   AND   REPRINTS. 

we  had  no  wish  that  he  should  do  so;  and  further,  if  he  chose  to 
give  the  answer  to  his  proposition  the  form  of  a  proposition  from 
ourselves,  we  could  only  tell  him  that  we  had  no  other  proposition 
to  make,  relative  to  any  advance  of  money  on  our  part;  that 
America  had  sustained  deep  and  heavy  losses  by  French  depreda- 
tions on  our  commerce,  and  that  France  had  alleged  so  [many] 
complaints  against  the  United  States,  that  on  those  subjects  we 
came  fully  prepared,  and  were  not  a  little  surprised  to  find  France 
unwilling  to  hear  us;  and  making  demands  upon  us  which  could 
never  have  been  suspected  by  our  Government,  and  which  had 
the  appearance  of  our  being  the  aggressing  party.  M.  Y.  ex- 
pressed himself  vehemently  on  the  resentment  of  France ;  and 
complained  that,  instead  of  our  proposing  some  substitute  for  the 
reparations  demanded  of  us,  we  were  stipulating  certain  condi- 
tions to  be  performed  by  the  Directory  itself;  that  he  could  not 
take  charge  of  such  propositions;  and  that  the  Directory  would 
persist  in  its  demand  of  those  reparations  which  he  at  first  stated. 
We  answered  that  we  could  not  help  it;  it  was  for  the  Directory 
to  determine  what  course  its  own  honor  and  the  interests  of  France 
required  it  to  pursue;  it  was  for  us  to  guard  the  interest  and  honor 
of  our  country.  M.  Y.  observed  that  we  had  taken  no  notice  of 
the  first  proposition,  which  was  to  know  whether  we  were  ready 
to  make  the  disavowal,  reparations,  and  explanations  concerning 
the  President's  Speech.  We  told  him  that  we  supposed  it  to  be 
impossible  that  either  he,  or  the  Minister,  could  imagine  that  such 
a  proposition  could  require  an  answer;  that  we  did  not  understand 
it  as  being  seriously  expected;  but  merely  an  introductory  to  the 
subjects  of  real  consideration. 

He  spoke  of  the  respect  which  the  Directory  required,  and  re- 
peated that  it  would  exact  as  much  as  was  paid  to  the  ancient 
kings.  We  answered  that  America  had  demonstrated  to  the 
world,  and  especially  to  France,  a  much  greater  respect  for  her 
present  Government  than  for  her  former  monarchy:  and  that  there 
was  no  evidence  of  this  disposition  which  ought  to  be  required, 
that  we  were  not  ready  to  give.  He  said  that  we  should  certainly 
not  be  received;  and  seemed  to  shudder  at  the  consequences.  We 
told  him  that  America  had  made  every  possible  effort  to  remain 
on  friendly  terms  with  France — that  she  was  still  making  them; 
that  if  France  would  not  hear  us,  but  would  make  war  on  the 
United  States,  nothing  remained  for  us  but  to  regret  the  unavoid- 
able necessity  of  defending  ourselves. 


president's  speech.  15 

The  subject  of  our  powers  was  again  mentioned;  and  we  told 
him  that  America  was  solicitous  to  have  no  more  misunderstand- 
ings with  any  Republic,  but  especially  with  France;  that  she 
wished  a  permanent  treaty,  and  was  sensible  that  no  treaty  could 
be  permanent  which  did  not  comport  with  the  interests  of  the  par- 
ties; and,  therefore,  that  he  might  be  assured,  that  our  powers 
were  such  as  authorized  us  to  place  France  on  equal  ground  with 
England,  in  any  respects  in  which  an  equality  might  be  supposed 
to  exist  at  present  between  them,  to  the  disadvantage  of  France. 

a.  Paragraphs  of  the  President's  Speech  referred  to 
in  Despatch  No.  i,  under  title  of  Exhibit  A. 

This  message  of  President  Adams,  presented  at  the  opening  of  the  Extra 
Session  of  Congress,  May  16,  1797,  was  called  forth  by  M.  Barras'  address  to 
Monroe  upon  his  recall,  and  by  the  refusal  of  the  French  Government  to  re- 
ceive the  new  American  Minister,  Pinckney. 

i.  With  this  conduct  of  the  French  Government  it  will  be 
proper  to  take  into  view  the  public  audience,  given  to  the  late 
Minister  of  the  United  States,  on  his  taking  leave  of  the  Executive 
Directory.  The  Speech  of  the  President's  discloses  sentiments 
more  alarming  than  the  refusal  of  a  Minister,  because  more  dan- 
gerous to  our  independence  and  union,  and  at  the  same  time 
studiously  marked  with  indignities  against  the  Government  of 
the  United  States.  It  evinces  a  disposition  to  separate  the  people 
of  the  United  States  from  the  Government;  to  persuade  them  that 
they  have  different  affections,  principles,  and  interests  from  those 
of  their  fellow-citizens,  whom  they  themselves  have  chosen  to 
manage  their  common  concerns;  and  thus  to  produce  divisions 
fatal  to  our  peace.  Such  attempts  ought  to  be  repelled  with  a 
decision  which  shall  evince  France  and  the  world,  that  we  are  not 
a  degraded  people,  humiliated  under  a  colonial  spirit  of  fear,  and 
sense  of  inferiority,  fitted  to  be  the  miserable  instruments  of  for- 
eign influence,  and  regardless  of  national  honor,  character  and 
interest. 

2.  The  diplomatic  intercourse  between  the  United  States  and 
France  being  at  present  suspended,  the  Government  has  no  means 
of  obtaining  official  information  from  that  country;  nevertheless, 
there  is  reason  to  believe  that  the  Executive  Directory  passed  a 
decree  on  the  2d  of  March  last,  contravening,  in  part,  the  Treaty 


1 6  TRANSLATIONS  AND  REPRINTS. 

of  Amity  and  Commerce  of  1778,  injurious  to  our  lawful  com- 
merce, and  endangering  the  lives  of  our  citizens.  A  copy  of  this 
decree  will  be  laid  before  you. 

3.  While  we  are  endeavoring  to  adjust  all  our  differences  with 
France,  by  amicable  negotiation,  the  progress  of  the  war  in 
Europe,  the  depredations  on  our  Commerce,  the  personal  injuries 
to  our  citizens,  and  the  general  complexion  of  affairs,  render  it 
my  indispensable  duty  to  recommend  to  your  consideration  effect- 
ual measures  of  defence. 

4.  It  is  impossible  to  conceal  from  ourselves,  or  the  world,  what 
has  been  before  observed,  that  endeavors  have  been  employed  to 
foster  and  establish  a  division  between  the  Government  and  peo- 
ple of  the  United  States.  To  investigate  the  causes  which  have 
encouraged  this  attempt  is  not  necessary.  But  to  repel,  by  de- 
cided and  united  councils,  insinuations  so  derogatory  to  the  honor, 
and  aggressions  so  dangerous  to  the  constitution,  union,  and  even 
independence  of  the  nation  is  an  indispensable  duty. 

b.  Answer  of  M.  Barras,  President  of  the  Executive 
Directory,  to  the  Speech  of  Mr.  Monroe>  on  taking  leave, 
to  which  the  Speech  of  the  President  of  the  United 
States  refers. 

Mr.  Minister  Plenipotentiary  of  the  United  States  of  America: 
By  presenting  to-day  your  letters  of  recall  to  the  Executive  Di- 
rectory, you  give  to  Europe  a  very  strange  spectacle. 

France,  rich  in  her  liberty,  surrounded  by  a  train  of  victories, 
strong  in  her  esteem  of  her  allies,  will  not  abase  herself  by  calcu- 
lating the  consequences  of  the  condescension  of  the  American 
Government  to  the  suggestions  of  her  former  tyrants;  moreover, 
the  French  Republic  hopes  that  the  successors  of  Columbus,  Ram- 
hiph  (probably  intended  for  Raleigh),  and  Penn,  always  proud  of 
their  liberty,  will  never  forget  that  they  owe  it  to  France.  They 
will  weigh,  in  their  wisdom,  the  magnanimous  benevolence  of  the 
French  people  with  the  crafty  caresses  of  certain  perfidious  per- 
sons who  meditate  bringing  them  back  to  their  former  slavery. 
Assure  the  good  American  people,  sir,  that,  like  them,  we  adore 
liberty;  that  they  will  always  have  our  esteem;  and  that  they  will 
find  in  the  French  people  republican  generosity,  which  knows  how 
to  grant  peace,  as  it  does  to  cause  its  sovereignty  to  be  respected. 

As  to  you,  Mr.  Minister  Plenipotentiary,  you  have  combated  for 


DESPATCH    FROM    ENVOYS.  1 7 

principles;  you  have  known  the  true  interests  of  your  country:  de- 
part with  our  regret.  In  you  we  give  up  a  representative  to 
America,  and  retain  the  remembrance  of  the  citizen  whose  per- 
sonal qualities  did  honor  to  that  title. 


III.  Extracts  from  the  Despatch  of  the  Envoys  to  the. 
Secretary  of  State,  No.  2,  dated  Paris,  November  8„ 
1797. 

This  letter  is  written  in  the  form  of  a  diary.  The  following  extracts  have 
been  selected  with  a  view  of  showing  the  continued  pressure  brought  to  bear 
upon  the  Envoys  to  yield  to  the  demands  of  the  Directory.  It  is  especially 
valuable,  as  it  contains  the  account  of  Mr.  Gerry's  first  interview  with 
Talleyrand. 

About  twelve  we  received  another  visit  from  M.  X.  He  imme- 
diately mentioned  the  great  event !  announced  in  the  papers,  and 
then  said,  that  some  proposals  from  us  had  been  expected  on  the 
subject  on  which  we  had  before  conversed:  that  the  Directory  were 
becoming  impatient,  and  would  take  a  decided  course  with  regard 
to  America,  if  we  could  not  soften  them.  We  answered,  that  on 
that  subject  we  had  already  spoken  explicitly,  and  had  nothing 
further  to  add.  He  mentioned  the  change  in  the  state  of  things 
which  had  been  produced  by  the  peace  with  the  Emperor,  as  war- 
ranting an  expectation  of  a  change  in  our  system;  to  which  we 
only  replied,  that  this  event  had  been  expected  by  us,  and  would 
not,  in  any  degree,  affect  our  conduct.  M.  X.  urged,  that  the 
Directory  had,  since  this  peace,  taken  a  higher  and  more  decided 
tone  with  respect  to  us,  and  all  other  neutral  nations,  than  had 
been  before  taken;  that  it  had  been  determined,  that  all  nations 
should  aid  them,  or  be  considered  and  treated  as  their  enemies. 
We  answered,  that  such  an  effect  had  already  been  contemplated 
by  us,  as  probable,  and  had  not  been  overlooked  when  we  gave  to 
this  proposition  our  decided  answer;  and  further,  that  we  had  no 
powers  to  negotiate  for  a  loan  of  money;  that  our  Government  had 
not  contemplated  such  a  circumstance  in  any  degree  whatever; 
that  if  we  should  stipulate  a  loan,  it  would  be  a  perfectly  void 
thing,  and  would  only  deceive  France,  and  expose  ourselves, 
M.  X.  again  expatiated  on  the  power  and  violence  of  France:  he 
urged  the  danger  of  our  situation,  and  pressed  the  policy  of  soft- 
ening them,  and  of  thereby  obtaining  time.     The  present  men,. 

1  Treaty  of  Campo  Formio,  Oct.  17,  1797,  with  Francis  II. 


1 8  TRANSLATIONS   AND   REPRINTS. 

he  said,  would  very  probably  not  continue  long  in  power,  and  it 
would  be  very  unfortunate  if  those  who  might  succeed,  with  bet- 
ter dispositions  towards  us,  should  find  the  two  nations  in  actual 
war. 

vU  vi*  *±*  «J>  *L»  «J>  vL«  *1* 

^  7fc  *f*  *f+  *¥•  *l+  *f*  *f* 

M.  X.  again  returned  to  the  subject  of  money:  Said  he,  gentle- 
men, you  do  not  speak  to  the  point;  it  is  money:  it  is  expected  that 
you  will  offer  money.  We  said  that  we  had  spoken  to  that  point 
very  explicitly:  we  had  given  an  answer.  No,  said  he,  you  have 
not:  what  is  your  answer?  We  replied,  it  is  no;  no;  not  a  sixpence. 
He  again  called  our  attention  to  the  dangers  which  threatened  our 
country,  and  asked,  if  it  would  not  be  prudent,  though  we  might 
not  make  a  loan  to  the  nation,  to  interest  an  influential  friend  in 
our  favor.  He  said  we  ought  to  consider  what  men  we  had  to 
treat  with;  that  they  disregarded  the  justice  of  our  claims,  and  the 
reasoning  with  which  we  might  support  them;  that  they  disre- 
garded their  own  colonies,  and  considered  themselves  as  perfectly 
invulnerable  with  respect  to  us ;  that  we  could  only  acquire  an 
interest  among  them  by  a  judicious  application  of  money,  and  it 
was  for  us  to  consider,  whether  the  situation  of  our  country  did 
not  require  that  these  means  should  be  resorted  to.  We  observed, 
that  the  conduct  of  the  French  government  was  such  as  to  leave 
us  much  reason  to  fear,  that  should  we  give  the  money,  it  would 
effect  no  good  purpose,  and  would  not  produce  a  just  mode  of 
thinking  with  respect  to  us.  Proof  of  this  must  first  be  given  us. 
He  said,  that  when  we  employed  a  lawyer,  we  gave  him  a  fee, 
not  knowing  whether  the  cause  would  be  gained  or  not ;  but  it 
was  necessary  to  have  one,  and  we  paid  for  his  services,  whether 
those  services  were  successful  or  not:  so,  in  the  present  state  of 
things,  the  money  must  be  advanced  for  the  good  offices  the  indi- 
viduals were  to  render,  whatever  might  be  the  effect  of  those  good 
offices.  We  told  him  there  was  no  parallel  in  the  case ;  that  a 
lawyer,  not  being  to  render  the  judgment,  could  not  command 
success;  he  could  only  endeavor  to  obtain  it;  and  consequently, 
we  could  only  pay  him  for  his  endeavors;  but  the  Directory  could 
decide  on  the  issue  of  our  negotiation.  It  had  only  to  order,  that 
no  more  American  vessels  should  be  seized,  and  to  direct  those 
now  in  custody  to  be  restored,  and  there  could  be  no  opposition 
to  the  order.  He  said,  that  all  the  members  of  the  Directory  were 
not  disposed  to  receive  our  money:  that  Merlin,  for  instance,  was 


DESPATCH   FROM   ENVOYS.  1 9 

paid  from  another  quarter,  and  would  touch  no  part  of  the  douceur 
which  was  to  come  from  us.  We  replied,  that  we  understood  that 
Merlin  was  paid  by  the  owners  of  the  privateers;  and  he  nodded 
an  assent  to  the  fact.  He  proceeded  to  press  this  subject  with 
vast  perseverance.  He  told  us  that  we  paid  money  to  obtain 
peace  with  the  Algerines,  and  with  the  Indians;  and  that  it  was 
doing  no  more  to  pay  France  for  peace. 

To  this  it  was  answered,  that  when  our  Government  commenced 
a  treaty  with  either  Algiers  or  the  Indian  tribes,  it  was  under- 
stood that  money  was  to  form  the  basis  of  the  treaty,  and  was  its 
essential  article;  that  the  whole  nation  knew  it,  and  was  prepared 
to  expect  it  as  a  thing  of  course;  but  that  in  treating  with  France, 
our  Government  had  supposed,  that  a  proposition,  such  as  he 
spoke  of,  would,  if  made  by  us,  give  mortal  offence.  He  asked 
if  our  Government  did  not  know,  that  nothing  was  to  be  obtained 
here  without  money  ?  We  replied,  that  our  Government  had  not 
even  suspected  such  a  state  of  things.  He  appeared  surprised  at 
it,  and  said,  that  there  was  not  an  American  in  Paris  who  could 
not  have  given  that  information.  We  told  him,  that  the  letters 
of  our  Minister  had  indicated  a  very  contrary  temper  in  the  Gov- 
ernment of  France;  and  had  represented  it  as  acting  entirely  upon 
principle,  and  as  feeling  a  very  pure  and  disinterested  affection  for 
America.  He  looked  somewhat  surprised;  and  said  briskly  to 
General  Pinckney:  "Well,  sir,  you  have  been  a  long  time  in 
France  and  in  Holland ;  what  do  you  think  of  it  ? "  General 
Pinckney  answered,  that  he  considered  M.  X.  and  M.  Y.  as  men  of 
truth,  and,  of  consequence,  he  could  have  but  one  opinion  on  the 
subject.  He  stated,  that  Hamburg,  and  other  States  of  Europe, 
were  obliged  to  buy  a  peace,  and  that  it  would  be  equally  for  our 
interest  to  do  so.  Once  more  he  spoke  of  the  danger  of  a  breach 
with  France,  and  her  power,  which  nothing  could  resist. 

He  said  that  France  had  lent  us  money  during  our  Revolution- 
ary war,  and  only  required  that  we  should  now  exhibit  the  same 
friendship  for  her.  We  answered,  that  the  cases  were  very  differ- 
ent; that  America  solicited  a  loan  from  France,  and  left  her  at 
liberty  to  grant  or  refuse  it :  but  that  France  demanded  it  from 
America,  and  left  us  no  choice  on  the  subject.  We  also  told  him 
that  there  was  another  difference  in  the  cases ;  that  the  money 
was  lent  by  France  for  great  national  and  French  objects;  it  was 


20  TRANSLATIONS   AND   REPRINTS. 

lent  to  maim  a  rival  and  an  enemy  whom  she  hated ;  that  the 
money,  if  lent  by  America,  would  not  be  for  any  American 
objects,  but  to  enable  France  to  extend  still  further  her  con- 
quests. The  conversation  continued  for  nearly  two  hours :  and 
the  public  and  private  advance  of  money  was  pressed  and  re- 
pressed in  a  variety  of  forms,  At  length  M.  X.  said  that  he  did 
not  blame  us;  that  our  determination  was  certainly  proper,  if  we 
could  keep  it;  but  he  showed  decidedly  his  opinion  to  be  that  we 
could  not  keep  it.  He  said  that  he  would  communicate,  as  nearly 
as  he  could,  our  conversation  to  the  Minister,  or  to  M.  Y.  to  be 
given  by  him  to  the  Minister ;  we  are  not  certain  which.  We 
then  separated. 

On  the  22d  of  October,  M.  Z.,  a  French  gentleman  of  respect- 
able character,  informed  Mr.  Gerry,  that  M.  Talleyrand,  Minister 
of  Foreign  Relations,  who  professed  to  be  well  disposed  towards 
the  United  States,  had  expected  to  have  seen  the  American  Min- 
isters frequently  in  their  private  capacities;  and  to  have  conferred 
with  them  individually  on  the  object  of  their  mission;  and  had 
authorized  M.  Z.  to  make  this  communication  to  Mr.  Gerry. 
The  latter  sent  for  his  colleagues;  and  a  conference  was  held 
with  M.  Z.  on  the  subject;  in  which  General  Pinckney  and  Gen- 
eral Marshall  expressed  their  opinions,  that  not  being  acquainted 
with  M.  Talleyrand,  they  could  not,  with  propriety,  call  on  him; 
but  that,  according  to  the  custom  of  France,  he  might  expect 
this  of  Mr.  Gerry,  from  a  previous  acquaintance  in  America. 
This  Mr.  Gerry  reluctantly  complied  with  on  the  23d,  and  with 
M.  Z.  called  on  M.  Talleyrand,  who,  not  being  then  at  his  office, 
appointed  the  28th  for  the  interview.  After  the  first  introduc- 
tion, M.  Talleyrand  began  the  conference.  He  said  that  the 
Directory  had  passed  an  arret,  which  he  offered  for  perusal, 
in  which  they  had  demanded  of  the  Envoys  an  explanation  of 
some  parts,  and  a  reparation  for  others,  of  the  President's  Speech 
to  Congress,  of  the  16th  of  May:  He  was  sensible,  he  said,  that 
difficulties  would  exist  on  the  part  of  the  Envoys  relative  to  this 
demand;  but  that  by  their  offering  money,  he  thought  he  could 
prevent  the  effect  of  the  arret.  M.  Z.  at  the  request  of  Mr.  Gerry, 
having  stated  that  the  Envoys  have  no  such  powers,  M.  Talleyrand 
replied,  they  can  in  such  case  take  a  power  on  themselves;  and 
proposed  that  they  should  make  a  loan.  Mr.  Gerry  then  addressed 
M.  Talleyrand  distinctly  in   English,   which  he  said  he  under- 


DESPATCH    FROM   ENVOYS.  21 

stood,  and  stated,  that  the  uneasiness  of  the  Directory  resulting 
from  the  President's  Speech  was  a  subject  unconnected  with  the 
objects  of  the  mission:  that  M.  B arras,  in  his  speech  to  Mr.  Mon- 
roe, on  his  recall,  had  expressed  himself  in  a  manner  displeasing 
to  the  Government  and  citizens  of  the  United  States ;  that  the 
President,  as  the  Envoys  conceived,  had  made  such  observations 
on  M.  Barras's  speech  as  were  necessary  to  vindicate  the  honor  of 
the  United  States;  that  this  was  not  considered  by  our  Govern- 
ment as  a  subject  of  dispute  between  the  two  nations;  that  having 
no  instructions  respecting  it,  we  could  not  make  any  explanations 
or  reparations  relating  to  it;  and  that  M.  Talleyrand  himself  was 
sufficiently  acquainted  with  the  Constitution  of  the  United  States, 
to  be  convinced  with  the  truth  of  these  observations.  Mr.  Gerry 
further  stated,  that  the  powers  of  the  Envoys,  as  they  conceived, 
were  adequate  to  the  discussion  and  adjustment  of  all  points  of 
real  difference  between  the  two  nations;  that  they  could  alter  and 
amend  the  treaty ;  or,  if  necessary,  form  a  new  one ;  that  the 
United  States  were  anxiously  desirous  of  removing  all  causes  of 
complaint  between  themselves  and  France,  and  of  renewing  their 
former  friendship  and  intercourse,  on  terms  which  should  be 
mutually  honorable  and  beneficial  to  the  two  nations,  but  not  on 
any  other  terms;  that  as  to  a  loan,  we  had  no  powers  to  make 
one;  that  if  we  were  to  attempt  it,  we  should  deceive  himself  and 
the  Directory  likewise,  which,  as  men  of  honor,  we  could  not  do; 
but  that  we  could  send  one  of  our  number  for  instructions  on  this 
proposition,  if  deemed  expedient,  provided  that  the  other  objects 
of  the  negotiation  could  be  discussed  and  adjusted;  that  as  he  had 
expressed  a  desire  to  confer  with  the  Envoys  individually,  it  was 
the  wish  of  Mr.  Gerry  that  such  a  conference  should  take  place, 
and  their  opinions  thus  be  ascertained,  which  he  conceived  cor- 
responded with  his  own  in  the  particulars  mentioned.  M.  Talley- 
rand in  answer  said,  he  should  be  glad  to  confer  with  the  other 
Envoys  individually,  but  that  this  matter  about  money  must  be 
settled  directly,  without  sending  to  America ;  that  he  would  not 
communicate  the  arret  for  a  week;  and  that  if  we  could  adjust  the 
difficulty  respecting  the  Speech,  an  application  would  nevertheless 
go  to  the  United  States  for  a  loan.  A  courier  arriving  at  this  mo- 
ment from  Italy,  and  M.  Talleyrand  appearing  impatient  to  read 
the  letters,  Mr.  Gerry  took  leave  of  him  immediately. 


22  TRANSLATIONS  AND   REPRINTS. 

October  29. 
M.  X.  again  called  upon  us.  He  said,  M.  Talleyrand  was  ex- 
tremely anxious  to  be  of  service  to  us,  and  had  requested  that  one 
more  effort  should  be  made  to  induce  us  to  enable  him  to  be  so. 
A  great  deal  of  the  same  conversation  which  had  passed  at  our 
former  interviews  was  repeated. 

The  sum  of  his  proposition  was,  that  if  we  would  pay,  by  way 
of  fees — that  was  his  expression — the  sum  of  money  demanded  for 
private  use,  the  Directory  would  not  receive  us,  but  would  permit 
us  to  remain  at  Paris  as  we  now  were;  and  we  should  be  received 
by  M.  Talleyrand,  until  one  of  us  could  go  to  America  and  consult 
our  Government  on  the  subject  of  the  loan.  These  were  the  cir- 
cumstances, he  said,  under  which  the  Minister  of  Portugal  had 
treated.  *  *  *  We  had  no  reason  to  believe  that  a  possible 
benefit  could  result  from  it;  and  we  desired  him  to  say  that  we 
would  not  give  a  shilling,  unless  American  property  unjustly  cap- 
tured was  previously  restored,  and  further  hostilities  suspended; 
and  that,  unless  this  was  done,  we  did  not  conceive  that  we  could 
even  consult  our  Government  concerning  a  loan;  that  if  the  Di- 
rectory would  receive  us  and  commence  negotiations,  and  anything 
occurred  which  rendered  a  consultation  of  the  Government  neces- 
sary, one  of  us  would  return  to  America  for  that  purpose.  He  said 
that,  without  this  money,  we  should  be  obliged  to  quit  Paris;  and 
that  we  ought  to  consider  the  consequences:  the  property  of  the 
Americans  would  be  confiscated,  and  their  vessels  in  port  em- 
bargoed. 

^c  ^  i>k  bk  ^  ik  ilc  2fc 

October  30. 
Immediately  after  breakfast  the  subject  was  resumed.  M.  Y. 
spoke  without  interruption  for  near  an  hour.  He  said  that  he  was 
desirous  of  making  a  last  effort  to  serve  us,  by  proposing  some- 
thing which  might  accommodate  the  differences  between  the  two 
nations.  *  *  *  M.  Y.  then  called  our  attention  to  our  situa- 
tion, and  to  the  force  France  was  capable  of  bringing  to  bear 
upon  us.  He  said  that  we  were  the  best  judges  of  our  capacity  to 
resist,  so  far  as  depended  on  our  own  resources,  and  ought  not  to 
deceive  ourselves  on  so  interesting  a  subject.  The  fate  of  Venice 
was  one  which  might  befall  the  United  States.  But,  he  proceeded 
to  observe,  it  was  probable  we  might  rely  on  forming  a  league 


DESPATCH   FROM   ENVOYS.  23 

with  England.  If  we  had  such  a  reliance  it  would  fail  us.  The 
situation  of  England  was  such  as  to  compel  Pitt  to  make  peace  on 
the  terms  of  France.  *  *  *  Perhaps,  said  he,  you  believe 
that,  in  returning  and  exposing  to  your  countrymen  the  unreason- 
ableness of  the  demands  of  this  Government,  you  will  unite  them 
in  your  resistance  to  those  demands:  you  are  mistaken;  you  ought 
to  know  that  the  diplomatic  skill  of  France,  and  the  means  she 
possesses  in  your  country,  are  sufficient  to  enable  her,  with  the 
French  party  in  America,  to  throw  the  blame  which  will  attend 
the  rupture  of  the  negotiations  on  the  Federalists,  as  you  term, 
yourselves,  but  on  the  British  party,  as  France  terms  you;  and 
you  may  assure  yourselves  this  will  be  done.  He  concluded  with 
declarations  of  being  perfectly  disinterested,  and  declared  that  his 
only  motives  for  speaking  thus  freely,  were  his  friendship  for  M. 
Talleyrand,  and  his  wish  to  promote  the  interests  and  peace  of  the 
United  States.  *  *  *  [In  reply  the  American  Commissioners 
spoke  with  great  freedom,  comparing  the  attitude  and  conduct  of 
America  with  that  of  France,  showing  that]  America  was  the  only 
nation  upon  earth  which  felt  and  had  exhibited  a  real  friendship 
for  the  Republic  of  France.  *  *  *  To  this  distant,  unoffending, 
friendly  Republic,  what  is  the  language  and  the  conduct  of  France? 
Wherever  our  property  can  be  found,  she  seizes  and  takes  it  from 
us;  unprovoked,  she  determines  to  treat  us  as  enemies,  and  our 
making  no  resistance  produces  no  diminution  of  hostility  against 
us;  she  abuses  and  insults  our  Government,  endeavors  to  weaken 
it  in  the  estimation  of  the  people,  recalls  her  own  Minister,  refuses 
to  receive  ours,  and  when  extraordinary  means  are  taken  to  make 
such  explanations  as  may  do  away  misunderstandings,  and  such 
alterations  in  the  existing  relations  of  the  two  countries  as  may 
be  mutually  satisfactory,  and  may  tend  to  produce  harmony,  the 
Envoys  who  bear  these  powers  are  not  received;  they  are  not  per- 
mitted to  utter  the  amicable  wishes  of  their  country,  but,  in  the 
haughty  style  of  a  master,  they  are  told  that,  unless  they  will  pay 
a  sum  to  which  their  resources  scarcely  extend,  that  they  may  ex- 
pect the  vengeance  of  France,  and,  like  Venice,  be  erased  from  the 
list  of  nations;  that  France  will  annihilate  the  only  free  Republic 
upon  the  earth,  and  the  only  nation  in  the  universe  which  has  vol- 
untarily manifested  for  her  a  cordial  and  real  friendship  !  *  *  * 
M.  Y.  manifested  the  most  excessive  impatience;  he  interrupted 
us  and  said:   This  eloquent  dissertation  might  be  true;   America 


24  TRANSLATIONS   AND   REPRINTS. 

might  have  manifested,  and  he  believed  had  manifested  great 
friendship  for  France,  and  had  just  complaints  against  her;  but 
he  did  not  come  to  listen  to  those  complaints.  The  Minister 
would,  on  our  request,  make  for  us  certain  propositions  to  the 
Directory;  he  had  stated  them  to  us,  and  all  the  answer  he  wished 
was,  yes  or  no;  did  or  did  we  not  solicit  the  Minister  to  make  the 
propositions  for  us  ?  *  *  *  M.  X.  informed  us  that  M.  Talley- 
rand would  not  consent  even  to  lay  this  proposition  before  the 
Directory,  without  previously  receiving  the  fifty  thousand  pounds, 
or  the  greater  part  of  it.     M.  Y.  left  in  writing  his  propositions. 

November  i. 

It  was  at  length  agreed  that  we  should  hold  no  more  indirect 
intercourse  with  the  Government. 

November  3. 

[  M.  Y.  again  called.]  He  said  that  intelligence  had  been  re- 
ceived from  the  United  States,  that  if  Colonel  Burr  and  Mr.  Madi- 
son had  constituted  the  mission,  the  differences  between  the  two 
nations  would  have  been  accommodated  before  this  time.  He 
added,  as  a  fact  he  was  not  instructed  to  communicate,  that  M. 
Talleyrand  was  preparing  a  memorial  to  be  sent  out  to  the  United 
States,  complaining  of  us  as  being  unfriendly  to  an  accommodation 
with  France. 

IV.  Extracts  from  Despatches  of  the  Envoys  to  the 
Secretary  of  State,  Nos.  3  and  4. 

On  the  nth  of  November  the  Commissioners  of  the  United  States  ad- 
dressed a  letter  to  the  Minister  of  Foreign  Affairs,  informing  him  that  they 
were  ready  to  negotiate.  They  received  no  official  answer,  but  in  their 
letters  to  the  Secretary  of  State  of  November  27  and  Dec.  24,  1797,  they  report 
that: 

Frequent  and  urgent  attempts  have  been  made  to  inveigle  us 
again  into  negotiation  with  persons  not  officially  authorized,  of 
which  the  obtaining  of  money  is  the  basis.  But  we  have  per- 
sisted in  declining  to  have  any  further  communication  relative 
to  diplomatic  business  with  persons  of  that  description;  and  we 
mean  to  adhere  to  this  determination;1  [and]  we  are  all  of  the 
opinion  that,  if  we  were  to  remain  here  for  six  months  longer, 

1  From  letter  of  November  27.  What  follows  is  from  the  letter  of  De- 
cember 24. 


ENVOYS   TO  TALLEYRAND.  2$ 

without  we  were  to  stipulate  the  payment  of  money,  and  a  great 
deal  of  it,  in  some  shape  or  other,  we  should  not  be  able  to  effect- 
uate the  objects  of  our  mission,  should  we  be  even  officially  re- 
ceived; unless  the  projected  attempt  on  England  was  to  fail,  or 
a  total  change  take  place  in  the  persons  who  at  present  direct 
the  affairs  of  this  Government.  [Of  these  ' '  frequent  and  urgent 
attempts"  were  the  calls  of  M.  X.  on  the  14th  of  December,  of 
M.  Y.  on  the  17th,  and]  on  the  "20th  of  December,  a  lady,  who  is 
well  acquainted  with  M.  Talleyrand,  expressed'  to  me  her  con- 
cern that  we  were  still  in  so  unsettled  a  situation;  but,  adds  she, 
why  will  you  not  lend  us  money  ?  If  you  would  make  us  a  loan, 
all  matters  would  be  adjusted;  and,  she  added,  when  you  were 
contending  for  your  revolution,  we  lent  you  money.  [  M.  Y.  on 
the  17th,  had  a  Conference  with  Mr.  Gerry  in  course  of  which 
he  stated]  that  two  measures,  which  M.  Talleyrand  proposed,  be- 
ing adopted,  a  restoration  of  friendship  between  the  Republics 
would  follow  immediately:  the  one  was  a  gratuity  of  fifty  thou- 
sand pounds  sterling,  the  other  a  purchase  of  thirty-two  millions 
of  the  Dutch  rescriptions. "  *  *  *  M.  Y.  and  Mr.  Gerry  then 
took  a  ride  to  M.  Talleyrand's  bureau,  who  received  them 
politely:  *  *  *  He  (M.  Talleyrand)  said  that  the  informa- 
tion M.  Y.  had  given  me  was  just,  and  might  always  be  relied 
on,  but  that  he  would  reduce  to  writing  his  propositions,  which 
he  accordingly  did;  and  after  he  had  shown  them  to  Mr.  Gerry, 
he  burnt  the  paper. 

V.  Extracts  from  the  Letter  of  the  Envoys  to  Talley- 
rand. 

Having  read  the  announcement  that  the  Council  had  passed  the  decree 
recommended  by  the  Directory,  "  to  capture  and  condemn  all  neutral  ves- 
sels laden  in  part,  or  in  whole,  with  the  manufactures  or  productions  of 
England,  or  its  possessions,"  the  Commissioners,  though  still  unrecognized, 
addressed  an  elaborate  letter  on  the  27th  of  January,  1798,  to  Talleyrand, 
the  Minister  of  Foreign  Affairs,  setting  forth  in  detail  and  with  great  ability 
the  grievances  of  the  United  States.     This  letter  concludes  as  follows: 

The  Government  of  the  United  States  still  searches  the  means 
of  terminating  peacefully,  and  in  a  manner  which  ought  to  be 
mutually  satisfactory,  the  calamities  of  the  moment,  and  of  avert- 
ing the  still  greater  calamities  which  may  be  reserved  for  the 
future.     Not  even  the  discouraging  and  unusual  events  which 


26  TRANSLATIONS   AND   REPRINTS. 

had  preceded  the  present  effort  to  negotiate,  could  deter  that 
Government  from  repeating  its  endeavors  for  the  preservation  of 
amity  and  peace.  Three  citizens  of  the  United  States  have  been 
deputed  as  Envoys  Extraordinary  and  Ministers  Plenipotentiary 
to  the  French  Republic.  Their  instructions  authorize  and  direct 
them  to  review  the  existing  treaties  between  the  two  nations, 
and  to  remove,  by  all  proper  means,  the  inequalities  which  have 
grown  out  of  the  stipulations  of  those  treaties,  in  consequence  of 
the  refusal  of  England  to  adopt  the  principles  they  contain.  The}r 
are  also  directed  to  give  fair  and  complete  explanations  of  the 
conduct  of  the  Government  they  represent;  to  state  fully  and 
truly  the  heavy  injuries  which  their  fellow-citizens  have  sus- 
tained; and  to  ask,  from  the  equity  of  a  great  and  magnanimous 
Republic,  that  compensation  for  tr/ose  injuries  which,  we  flatter 
ourselves,  their  justice  will  not  refuse,  and  their  liberal  policy 
will  not  hesitate  to  give. 

Bringing  with  them  the  temper  of  their  Government  and  coun- 
try, searching  only  for  the  means  of  effecting  the  objects  of  their 
mission,  they  have  permitted  no  personal  considerations  to  influ- 
ence their  conduct,  but  have  waited,  under  circumstances  beyond 
measure  embarrassing  and  unpleasant,  with  that  respect  which 
the  American  Government  has  so  uniformly  paid  to  that  of  France, 
for  permission  to  lay  before  you,  Citizen  Minister,  these  important 
communications  with  which  they  have  been  charged. 

Perceiving  no  probability  of  being  allowed  to  enter,  in  the  usual 
forms,  on  those  discussions  which  might  tend  to  restore  harmony 
between  the  two  Republics,  they  have  deemed  it  most  advisable, 
even  under  the  circumstances  of  informality  which  attend  the 
measure,  to  address  to  your  Government,  through  you,  this  can- 
did review  of  the  conduct,  and  this  true  representation  of  the 
sentiments  and  wishes,  of  the  Government  of  the  United  States. 
They  pray  that  it  may  be  received  in  the  temper  in  which  it  is 
written,  and  considered  as  an  additional  effort,  growing  out  of  a 
disposition  common  to  the  Government  and  people  of  America,  to 
cultivate  and  restore,  if  it  be  possible,  harmony  between  the  two 
Republics.  If,  Citizen  Minister,  there  remains  a  hope  that  these 
desirable  objects  can  be  effected  by  any  means  which  the  United 
States  have  authorized,  the  undersigned  will  still  solicit,  and  will 
still  respectfully  attend,  the  development  of  those  means. 

If,  on  the  contrary,  no  such  hope  remains,  they  have  only  to 


ACCOUNT   OF   INTERVIEW.  27 

pray  that  their  return  to  their  own  country  may  be  facilitated;  and 
they  will  leave  France  with  the  most  deep-felt  regret  that  neither 
the  real  and  sincere  friendship,  which  the  Government  of  the  United 
States  has  so  uniformly  and  unequivocally  displayed  for  this  great 
Republic,  nor  its  continued  efforts  to  demonstrate  the  purity  of  its 
conduct  and  intentions,  can  protect  its  citizens,  or  preserve  them 
from  the  calamities  which  they  have  sought,  by  a  just  and  upright 
conduct,  to  avert. 

VI.    Envoys'   Account  of   Interview  with  Talleyrand. 

Extracts  from  their  Report  to  Secretary  of  State, 

of  March  9,  1798. 

[Upon  the  2d  and  6th  of  March,  at  the  solicitation  of  the  Com- 
missioners, Talleyrand  accorded  to  them  a  personal  interview: — ] 
He  (Talleyrand)  said  that  the  original  favorable  disposition  of  the 
Directory  had  been  a  good  deal  altered  by  the  coldness  and  dist- 
ance which  we  had  observed;  that,  instead  of  seeing  him  often, 
and  endeavoring  to  remove  the  obstacles  to  a  mutual  approach,  we 
had  not  once  waited  on  him.  *  *  *  The  Minister  said  *  *  * 
that  the  Directory  felt  itself  wounded  by  the  different  speeches  of 
Mr.  Washington  and  Mr.  Adams,  which  he  had  stated,  and  would 
require  some  proof,  on  the  part  of  the  United  States,  of  a  friendly 
disposition,  previous  to  a  treaty  with  us.  He  then  said  that  we 
ought  to  search  for,  and  propose  some  means  which  might  furnish 
this  proof ;  that  if  we  were  disposed  to  furnish  it  there  could  be  no 
difficulty  in  finding  it;  and  he  alluded  very  intelligibly  to  a  loan. 
He  said  he  had  had  several  conferences  with  Mr*  Gerry  on  this 
subject,  who  had  always  answered  that  we  had  no  power.  Mr. 
Gerry  said  that  he  had  stated  other  objections;  that  he  had  par- 
ticularly urged  that  it  would  involve  us  in  a  war  with  Great  Brit- 
ain. He  made  no  reply:  and  General  Pinckney  observed,  that  a 
loan  had  repeatedly  been  suggested  to  us,  but  that  we  had  uni- 
formly answered  that  it  exceeded  our  powers.  Mr.  Talleyrand 
replied,  that  persons  at  such  a  distance  as  we  were  from  our  Gov- 
ernment, and  possessed,  as  we  were,  of  the  public  confidence, 
must  often  use  their  discretion,  and  exceed  their  powers  for  the 
public  good;  that  there  was  a  material  difference  between  acting 
when  instructions  were  silent,  and  doing  what  was  particularly 
forbidden;  that  if,  indeed,  a  loan  was  positively  forbidden,  we 
might  consider  ourselves  as  incapable  of  making  one;  but  if,  as  he 


25  TRANSLATIONS  AND   REPRINTS. 

supposed  was  the  case, — he  looked  the  question, — our  instructions 
were  only  silent,  that  it  must  be  referred  to  us  to  act  in  a  case  not 
provided  for,  according  to  the  best  of  our  judgment,  for  the 
public  good;  that,  in  almost  all  the  treaties  made  during  the 
Revolution,  the  negotiators  had  exceeded  their  powers,  although 
the  Government  appointing  them  was  at  no  considerable  dist- 
ance. He  particularized  the  treaty  with  Prussia,  and  several 
others.  *  *  *  M.  Talleyrand  again  marked  the  distinction 
between  silence  of  instructions  and  an  express  prohibition,  and 
again  insisted  on  the  necessity  of  our  proving,  by  some  means 
which  we  must  offer,  our  friendship  for  the  Republic.  He  said  he 
must  exact  from  us,  on  the  part  of  his  Government,  some  proposi- 
tion of  this  sort;  that,  to  prove  our  friendship,  there  must  be  some 
immediate  aid,  or  something  which  might  avail  them;  that  the 
principles  of  reciprocity  would  require  it. 

[On  the  6th  instant,]  immediately  after  our  arrival  at  his  office 
we  were  introduced  to  the  minister,  and  General  Pinckney  stated 
that  we  had  considered,  with  the  most  serious  attention,  the  con- 
versation we  had  had  the  honor  of  holding  with  him  a  few 
days  past;  that  the  propositions  which  he  had  suggested  appeared 
to  us  to  be  substantially  the  same  with  those  which  had  been 
made  by  Mr.,  X.  by  Mr.  Y.  and  also  to  Mr.  Gerry,  with  an  inten- 
tion that  they  should  be  communicated  to  his  colleagues;  that  we 
considered  it  as  a  proposition  that  the  United  States  should  furn- 
ish aid  to  France,  to  be  used  during  the  present  war;  that,  though 
it  was  unusual  to  disclose  instructions,  yet  we  would  declare  to 
him  that,  in  addition  to  its  being  a  measure  amounting  to  a 
declaration  of  war  against  Great  Britain,  we  were  expressly  for- 
bidden by  our  instructions  to  take  such  a  step.  *  *  *  [Talley- 
rand again  pressed  upon  them  the  necessity  of  making  a  loan.] 

VII.  Correspondence  of  Talleyrand  and  the  Envoys. 

a.    EXTRACTS   FROM  THE  LETTER   OF  TALLEYRAND. 

[On  the  1 8th  of  March,  Talleyrand  replied  to  the  the  Commis- 
sioners criticising  "the  method  which  they  (the  Commissioners) 
have  thought  proper  to  pursue  in  the  exposition. "  ]  So  that  it 
would  appear  from  that  exposition,  as  partial  as  unfaithful,  that 
the  French  Republic  have  no  real  grievance  tc  substantiate,  no 
legitimate  reparation  to  demand,  whilst  the  United  States  should 


TAIXKYRAND   TO   ENVOYS.  20, 

alone  have  a  right  to  complain — should  alone  be  entitled  to  claim 
satisfaction.  [  Then  follows  a  presentation  of  the  French  griev- 
ances, in  which  he  dwelt  upon  Jay's  Treaty  as  the  principal 
grievance.  He  writes,]  he  will  content  himself  with  observing, 
summarily,  that  in  this  treaty,  everything  having  been  calculated 
to  turn  the  neutrality  of  the  United  States  to  the  disadvantage  of 
the  French  Republic,  and  to  the  advantage  of  England;  that  the 
Federal  Government  having  in  this  act  made  to  Great  Britain  con- 
cessions, the  most  unheared  of;  the  most  incompatible  with  the 
interests  of  the  United  States;  the  most  derogatory  to  the  alliance 
which  subsisted  between  the  said  States  and  the  French  Republic; 
the  latter  was  perfectly  free,  in  order  to  avoid  the  inconveniences 
of  the  Treaty  of  London,  to  avail  itself  of  the  preservative  means 
with  which  the  law  of  nature,  the  law  of  nations,  and  prior  treat- 
ies, furnished  it.  [He  arraigns  the  administration,  declaring 
that]  the  newspapers,  known  to  be  under  the  indirect  control  of 
the  cabinet,  have,  since  the  treaty,  redoubled  the  invectives  and 
calumnies  against  the  Republic  and  against  her  principles,  her 
magistrates,  and  her  Envoys.  Pamphlets,  openly  paid  for  by  the 
Minister  of  Great  Britain,  have  reproduced,  in  every  form,  those 
insults  and  calumnies,  without  a]state  of  things  so  scandalous  hav- 
ing ever  attracted  the  attention  of  the  Government,  which  might 
have  repressed  it.  On  the  contrary,  the  Government  itself  was 
intent  upon  encouraging  this  scandal  in  its  public  acts.  The  Ex- 
ecutive Directory  has  seen  itself  denounced  in  a  Speech  delivered 
by  the  President  in  the  course  of  the  month  of  May  last  (O.  S.)  as 
endeavoring  to  propagate  anarchy  and  division  within  the  United 
States.  The  new  allies  which  the  Republic  has  acquired,  and 
who  are  the  same  that  contributed  to  the  independence  of  the 
Americans,  have  been  equally  insulted  in  the  official  correspond- 
ences which  have  been  made  public,  or  in  the  newspapers.  In 
fine,  one  cannot  help  discovering,  in  the  tone  of  the  Speech  and 
of  the  publications  which  have  been  just  pointed  out,  a  latent  en- 
mity which  only  waits  an  opportunity  to  break  out. 

Facts  being  thus  established,  it  is  disagreeable  to  be  obliged  to 
think  that  the  instructions,  under  which  the  Commissioners  have 
acted,  have  not  been  drawn  up  with  the  sincere  intention  of  ob- 
taining pacific  results ;  because,  far  from  proceeding  in  their 
memorial  upon  some  avowed  principles  and  acknowledged  facts, 
they  have  inverted  and  confounded  both,  so  as  to  be  enabled  to 


30  TRANSLATIONS  AND  REPRINTS. 

impute  to  the  Republic  all  the  misfortunes  of  a  rupture,  which 
they  seem  willing  to  produce  by  such  a  course  of  proceeding. 

The  intentions  which  the  undersigned  here  attributes  to  the 
Government  of  the  United  States  are  so  little  disguised,  that 
nothing  seems  to  have  been  neglected  at  Philadelphia  to  manifest 
them  in  every  eye.  It  is,  probably,  with  this  view,  that  it  was 
thought  proper  to  send  to  the  French  Republic  persons  whose 
opinions  and  connexions  are  too  well  known  to  hope  from  them 
dispositions  sincerely  conciliatory. 

******** 

It  is  impossible  to  foresee  whither  such  dispositions  may  lead. 
The  undersigned  does  not  hesitate  to  believe,  that  the  American 
nation,  like  the  French  nation,  sees  this  state  of  things  with 
regret,  and  does  not  consider  its  consequences  without  sorrow. 
He  apprehends  that  the  American  people  will  not  commit  a  mis- 
take concerning  the  prejudices  with  which  it  has  been  desired  to 
inspire  them  against  an  allied  people,  nor  concerning  the  engage- 
ments with  which  it  seems  to  be  wished  to  make  them  contract  to 
the  detriment  of  an  alliance,  which  so  powerfully  contributed  to 
place  them  in  the  rank  of  nations,  and  to  support  them  in  it;  and 
that  they  will  see  in  these  new  combinations  the  only  dangers 
their  prosperity  and  importance  can  incur. 

It  is,  therefore,  only  in  order  to  smooth  the  way  of  discussions, 
that  the  undersigned  has  entered  into  the  preceding  explanations. 
It  is  with  the  same  view  that  he  declares  to  the  Commissioners 
and  Envoys  Extraordinary,  that,  notwithstanding  the  kind  of 
prejudice  which  has  been  entertained  with  respect  to  them,  the 
Executive  Directory  is  disposed  to  treat  with  that  one  of  the  three, 
whose  opinions,  presumed  to  be  more  impartial,  promise,  in  the 
course  of  the  explanations,  more  of  that  reciprocal  confidence 
which  is  indispensable. 

The  Envoys  replied  very  fully  in  a  joint  letter,  in  which  they  declared, 
no  one  of  the  three  was  "authorized  to  take  upon  himself  a  negotiation 
evidently  entrusted  by  the  tenor  of  their  powers  and  instructions  to  the 
whole."  Pinckney  and  Marshall  then  left  Paris.  Gerry  remained.  He 
explained  his  action  in  a  letter  to  the  President,  of  April  16,  1798,  as  follows: 
"  I  expected  my  passport  with  my  colleagues,  but  am  informed  that  the 
Directory  will  not  consent  to  my  leaving  France:  and  to  bring  on  an  imme- 


TALLEYRAND   AND   GERRY.  3 1 

diate  rupture,  by  adopting  this  measure,  contrary  to  their  wishes,  would  be 
in  my  mind  unwarrantable." 

b.   EXTRACTS  FROM  THE  CORRESPONDENCE  OF  TALLEYRAND 
AND   GERRY. 
Paris,  14TH  Germinal,  (3D  Aprii,,)  1798.     1 
6th  year  of  the  French  Republic,  one  and  indivisible.  / 

I  suppose,  sir,  that  Messrs.  Pinckney  and  Marshall  have 
thought  it  useful  and  proper,  in  consequence  of  the  intimations 
given  in  the  end  of  my  note  of  the  28th  Ventose  last,1  and  the 
obstacle  which  their  known  opinions  have  interposed  to  the  de- 
sired reconciliation,  to  quit  the  territory  of  the  Republic.  On  this 
supposition,  I  have  the  honor  to  point  out  to  you  the  5th  or  the 
7th  of  this  decade,  to  resume  our  reciprocal  communications  upon 
the  interests  of  the  French  Republic  and  the  United  States  of 
America. 

Receive,  I  pray  you,  etc., 

Ch.  Mail  Talleyrand. 

[Gerry  replied  April  4,  that]  to  resume  this  subject  will  be  un- 
availing, because  the  measure,  for  the  reasons  which  I  then  urged, 
is  utterly  impracticable.  I  can  only  then  confer  informally  and 
unaccredited  on  any  subject  respecting  our  mission,  and  communi- 
cate to  the  Government  of  the  United  States  the  result  of  such  con- 
ferences, being  in  my  individual  capacity  unauthorized  to  give 
them  an  official  stamp.  [Shortly  afterward  copies  of  the  dispatches 
of  the  envoys,  with  accounts  of  their  interviews  with  X.  Y.  Z.  and 
"  the  lady,"  appeared.  Talleyrand  at  once  (May  30th)  addressed 
Gerry  the  following  letter.] 

I  communicate  to  you,  sir,  a  London  Gazette,  of  the  26th  of 
last  Floreal,  (May  15,  1798.)  You  will  therein  find  a  very  strange 
publication.  I  cannot  observe,  without  surprise,  that  intriguers 
have  profited  of  the  insulated  condition  in  which  the  Envoys  of 
the  United  States  have  kept  themselves,  to  make  proposals  and 
hold  conversations,  the  object  of  which  was  evidently  to  deceive 
you. 

I  pray  you  to  make  known  to  me  immediately  the  names  denoted 
by  the  initials  W.  X.  Y.  and  Z. ,  and  that  of  the  woman  who  is  de- 
scribed as  having  had  conversations  with  Mr.  Pinckney  upon  the 
interests  of  America.     If  you  are  averse  in  sending  them  to  me  in 

1  i^th  of  March. 


32  TRANSLATIONS  AND   REPRINTS. 

writing,  be  pleased  to  communicate  them  confidentially  to  the 
bearer. 

I  must  rely  upon  your  eagerness  to  enable  the  Government  to 
fathom  those  practices,  of  which  I  felicitate  you  on  not  being  the 
dupe,  and  which  you  must  wish  to  see  cleared  up.  Accept  the 
assurance  of  my  perfect  consideration. 

[After  further  correspondence  Gerry  finally  replies: — ] 

Paris  June  — ,  1798.     \ 
Prairiai,,  — ,  6  an.     / 
The  names  of  the  persons  designated  in  the  communications  of 
the  Envoys  Extraordinary  of  the  United  States  to  their  Govern- 
ment, published  in  the  "  Commercial  Advertiser"  of  the  nth  of 
April  last,  at  New  York,  are  as  follows: 
X.,  is  Mr.  (Horttinguer.) 
Y. ,  is  Mr.  Bellami. 
Z.,  is  Mr.  Hauteval. 

E.  Gerry. 
To  the  Ministers  of  Foreign  Affairs,  of  the  French  Republic. 

C.    EXTRACTS  FROM  THE  LETTER  OF  M.  HAUTEVAL  (z)  TO 
TALLEYRAND. 

13TH  Prairiai,,  6th  year,     1 
June  i,  2798.  ' 
To  the  Minister  of  Exterior  Relations: 

Mr.  Gerry  having  communicated  to  me  the  letter  which  you 
yesterday  wrote  to  him,  by  which  you  expressly  desire  that  he 
may  make  known  to  you  the  persons  meant  by  the  letters  W.  X. 
Y.  Z.,  in  the  correspondence  of  the  American  Envoys,  printed  in 
a  public  paper  of  the  United  States  of  America,  dated  April  12, 
(O.S.) 

My  sensibility  must  be  much  affected  on  finding  myself,  under 
the  letter  Z. ,  acting  a  part  with  certain  intriguers,  whose  plan  it 
doubtless  was  to  take  advantage  of  the  good  faith  of  the  American 
Envoys,  and  make  them  their  dupes.  Finding  myself  implicated 
in  this  affair,  and  wishing  to  remove  my  uneasiness  respecting  the 
disagreeable  impressions,  and  the  consequence  which  the  publica- 
tion of  your  letter  to  Mr.  Gerry  might  produce,  I  thought  it  my 
duty  to  hasten  to  you,  and  pray  you,  Citizen  Minister,  to  be 
pleased  to  declare,  in  writing,  that,  in  the  conference  I  had  with 
those    gentlemen,    I    pursued    the  communications  which    you 


TAU<KYRAND   TO   GERRY.  33 

authorized  me  to  make  to  them,  in  the  manner  I  shall  state 
below.  [Then  follows  his  version  of  the  interviews  with  the  En- 
voys, reference  being  made  to  the  question  of  reparation  for  the 
"  President's  Speech,"  and  to  the  suggestion  of  a  loan  to  France, 
but  all  reference  to  the  "douceur"  is  omitted.] 

d.    EXTRACTS   FROM    THE   LATER    CORRESPONDENCE   OF  TALXEY- 
RAND   TO   GERRY. 

[Talleyrand  renews  his  endeavors  to  draw  Mr.  Gerry  into  a 
formal  negotiation;  in  his  letter  of  June  10,  he  declares  that]  as 
to  the  French  Government,  superior  to  all  the  personalities,  to 
all  the  manoeuvres  of  its  enemies,  it  perseveres  in  the  intention  of 
conciliating  with  sincerity  all  the  differences  which  have  happened 
between  the  two  countries.  I  confirm  it  to  you  anew.  The 
French  Republic  desires  to  be  restored  to  the  rights  which  its 
treaties  with  your  Government  confer  upon  it,  and  through  those 
means  it  desires  to  assure  yours.  You  claim  indemnities;  it  equally 
demands  them;  and  this  disposition,  being  as  sinceie  on  the  part 
of  the  Government  of  the  United  States  as  it  is  on  its  part,  will 
speedily  remove  all  the  difficulties. 

It  remains  for  me  to  ask  you,  sir,  whether  you  are  at  length  in 
a  situation  to  proceed  towards  this  important  object  Receive, 
sir,  the  assurance  of  my  perfect  consideration. 

[On  the  27th  of  June,  he  urged  with  increasing  zeal  the  nego- 
tiation upon  Gerry.]  You  seem  to  insinuate  that  these  proposi- 
tions have  long  been  delayed.  They  could  not  have  been  made 
until  after  the  departure  of  your  colleagues;  the  first  open  nego- 
tiations upon  the  differences  which  subsist  between  the  two  coun- 
tries take  their  date  only  since  that  recent  period  nothing  was 
entered  upon  as  long  as  the  three  Envoys  were  present-  one  alone 
manifested  a  temper  of  reconciliation.  Afterwards,  some  time  was 
necessary  to  unite  the  views  you  suggested  with  the  determina- 
tion the  Executive  Directory  has  made,  to  place  the  respective 
interests  in  front.  *  *  *  I  was,  nevertheless,  about  to  transmit 
the  result  of  my  reflections  in  the  beginning  of  Prairial  (between 
the  20th  and  last  of  May),  when  the  incident  happened1  which  for 
a  moment  suspended  the  principal  object.  I  do  not  see  what 
delay  I  could  have  prevented.  I  am  mortified  that  circumstances 
have  not  rendered  our  progress  more  rapid,  and  it  is  in  order  to 

1  The  publication  of  the  despatches  of  the  Envoys. 


34  TRANSLATIONS   AND   RKPRINTS. 

accelerate  it,  as  well  as  to  obviate  every  new  casualty,  that  I  have 
pressed  3^011  in  my  last  letter  to  remain  at  Paris.  [Finally,  on  the 
22d  of  July,  Talleyrand  renounces  all  the  earlier  demands.]  A 
negotiation  may,  therefore,  be  resumed  even  at  Paris,  where  I 
flatter  myself  you  have  observed  nothing  but  testimonies  of 
esteem,  and  where  every  Knvoy  who  shall  unite  your  advantages 
cannot  fail  to  be  well  received.  Moreover,  I  know  not  sir,  why 
you  tell  me  that  it  would  be  requisite  to  lop  from  this  negotiation 
every  preliminary  respecting  a  loan,  and  explanations  on  the  sub- 
ject of  the  speeches  delivered.  Be  pleased  to  read  over  again  the 
propositions  which  I  transmitted  to  you  on  the  30th  Prairial  (June 
1 8th);  they  contain  the  ideas  of  the  French  Government,  and  you 
will  not  find  in  them  a  word  which  justifies  your  recurring  to 
these  two  questions.  An  odious  intrigue  had  got  possession  of 
them;  the  dignity  of  the  French  Government  could  not  permit 
this  mixture,  and  it  did  not  wish  that  views  as  pure  as  its  own 
should  be  associated  therewith  hereafter. 

******** 

This  period,1  sir,  cannot  be  too  near  at  hand.  I  do  not  cease  to 
regret  that  you  should  refuse  yourself  the  accelerating  of  it,  by 
yielding  to  circumstances,  persuaded,  as  I  ever  am,  that  you  were 
fully  authorized. 

Accept  my  wishes  for  your  happy  passage,  and  the  assurance 
of  my  perfect  consideration. 

The  first  four  despatches,  communicated  to  Congress  April  3,  1798.  were 
printed  by  order  of  Senate  April  9.  The  effect  upon  the  country  was  in- 
stantaneous. Indignation  against  France  was  both  wide  and  deep.  Sup- 
porters and  defenders  of  France  were  discredited.  Many  moderate  Repub- 
licans rallied  to  the  support  of  the  administration  and  the  national  honor. 

The  later  despatches,  as  they  were  published,  tended  to  increase  the 
resentment  of  both  Congress  and  the  country.  The  arrival  of  Marshall  with 
the  concluding  correspondence  between  the  joint  Commissioners  and  Talley- 
rand (ante,  pp.  28-31)  led  President  Adams  in  his  message  of  June  21,  trans- 
mitting these  documents  to  Congress,  to  pronounce  negotiations  at  an  end, 
and  to  give  expression  to  that  famous  declaration,  "  I  will  never  send  an- 
other minister  to  France  without  assurances  that  he  will  be  received, 
respected  and  honored  as  the  representative  of  a  great,  free,  powerful  and  in- 
dependent nation."1 

Ten  thousand  copies  of  these  latest  dispatches  were  ordered  printed  and 
circulated.     Popular  excitement  rose  to  the  highest  pitch.     "Millions  for 

-  The  restoration  of  amicable  relations. 
1  Am.  State  Papers,  Foreign  Affairs,  II,  199, 


TRANSLATIONS   AND   REPRINTS.  35 

defense  but  not  one  cent  for  tribute,"  became  the  cry.  The  rising  temper  of 
the  country  was  reflected  in  the  action  of  Congress.  Beginning  with  April 
27,  war-Ike  measures  were  rapidly  passed.1  Statutes  to  place  the  army  and 
navy  on  a  war  footing,  and  for  the  defense  of  the  country,  followed  in  quick 
succession. 

The  most  important  of  these  in  their  permanent  influence  were  the  acts 
for  the  establishment  of  the  Navy  Department,  and  for  the  building  of  the 
new  Navy;  the  creation  of  the  office  of  Lieutenant- General  and  Commander- 
in-Chief  of  the  Armies,  and  the  appointment  and  acceptance  of  this  office  by 
Washington  ' 

As  early  as  May  28,  American  cruisers  were  authorized  to  capture  any 
French  vessel  found  near  the  coast  preying  upon  American  commerce.  This 
act,  strengthened  by  subsequent  statutes,  especially  that  of  July  7,  abrogat- 
ing all  treaties  with  France,  led  to  the  quasi-naval  war  with  that  country, 
which  lasted  for  nearly  two  years  Although  neither  country  had  formally 
declared  war,  the  Attorney-General  gave  an  opinion  that  a  maritime  war 
existed  authorized  by  both  nations.3 

These  international  complicactions  had  a  very  marked  influence  upon 
domestic  politics.  The  Federalists,  flushed  with  their  popularity,  were  led 
beyond  the  bounds  of  political  discretion,  in  an  attempt  to  crush  their  op- 
ponents, and  strengthen  themselves  at  home.  To  this  end,  following  the 
example  of  England,  they  passed  a  series  of  reactionary  measures,  known 
as  the  Alien  and  Sedition  Acts,4  which  in  turn  led  to  the  promulgation  of 
the  Virginia  and  Kentuckj'  resolutions.6  The  Democratic-Republican  party 
turned  the  mistake  of  the  Federalists  to  their  advantage,  by  substituting  as 
their  political  programme,  in  place  of  the  defense  and  championship  of 
France,  the  defense  of  the  individual.  On  this  platform  they  won  the 
victory  of  1800. 

The  effect  of  the  publication  of  the  despatches  upon  the  French  govern- 
ment is  seen  by  the  marked  change  in  the  tone  of  Talleyrand's  correspond- 
ence with  Gerry.  Talleyrand  feigns  innocence  by  requesting  Gerry  to 
furnish  him  with  the  names  of  the  persons  indicated  by  the  letters  W.  X.  Y. 
and  Z.  He  then  continues  his  efforts  to  try  to  inveigle  Gerry  to  treat  con- 
trary to  his  instructions,  and  to  this  end  recedes  from  all  his  earlier  demands, 
but  without  success. 

The  attempt  of  George  Logan,  a  Philadelphia  Friend  and  self-appointed 
envoy  to  France,  to  intervene  in  the  interest  of  peace,6  led  to  no  results 
except  the  enactment  by  Congresss  of  a  law,  which  slightly  modified  is  still 
in  force,  punishing  by  fine  and  imprisonment  any  citizen  of  the  United  States 
who,  without  authority,    attempted  to   hold,   "any  verbal  or  written  cor- 

1  Consult  U.  S.  Stat,  at  Large,  I,  552-607,  for  acts  passed  between  April  27  and  July  16, 1798. 

0  Letter  of  acceptance,  Am.  State  Papers,  Foreign  Relations,  II,  202. 

3  Opinions  of  At.-Genl.,  I,  84. 

*  Naturalization  Act,  June  18,  1798,  U.  S.  Stat,  at  I^arge,  I,  566-569.  Alien  Act,  June  25, 
1798,  lb.,  570-572.  Alien  Enemies  Act,  July  6,  1798,  lb.,  577,  578.  Sedition  Act,  July  14,  1798, 
lb.,  596,  597- 

8  MacDonald,  Select  Documents,  148-160.     6  McMaster,  United  States,  II,  409,  410,  414-416. 


36  TRANSLATIONS   AND   REPRINTS. 

respondence  with  any  foreign  government,  or  its  agents  with  intent  to  in- 
fluence the  measures  of  such  government  in  relation  to  disputes  or  controver- 
sies with  the  United  States."  l 

After  the  departure  of  Gerry,  Talleyrand,  on  Aug.  28,  opened  indirect  means 
of  communication  with  the  American  government,  through  Pichon,  the 
French  Secretary  of  Legation  at  the  Hague,  and  Murray,  the  American 
minister  at  the  same  place,'2  and  a  month  later  sent  word  that  "whatever 
plenipotentiary  the  Government  of  the  United  States  might  send  to  France 
in  order  to  terminate  the  existing  differences  between  the  two  countries, 
would  be  undoubtedly  received  with  the  respect  due  to  the  representative  of 
a  free,  independent  and  powerful  people." 3  To  these  advances,  embodying 
the  language  of  the  President's  Message,  President  Adams  replied  by  nom- 
inating a  new  commission,  finally  composed  of  Chief-justice  Kllsworth,  Mr. 
Davie  and  Mr.  Murray,  who  were  authorized  "  to  discuss  and  settle  by  a  treaty 
all  controversies  between  the  United  States  and  France. "  4  By  the  time  they 
arrived  in  France  the  Directory  had  been  superseded  by  Bonaparte  as  First 
Consul.  With  him  they  succeeded  in  establishing  good  relations,  and  con- 
cluded a  treaty  September  30,  1800.5 

SELECT  BIBLIOGRAPHY. 

The  sources  are  in  American  State  Papers,  Foreign  Relations.  Vol. 
II.  (Washington,  1832),  150-182,  185-201,  204-244.  This  text  has  been  fol- 
lowed. Also  Annans  of  Congress  of  the  United  States,  Fifth  Con- 
gress, Vol.  III.     Appendix  3322-3559  (Washington,  1851.) 

Adams,  John  Quincy,  and  Adams,  Charges  Francis.  The  Life  of 
John  Adams.     2  vols.     Phila.,  1871.     II.  ch.  X. 

Davis,  J.  C.  Bancroft.  Notes  upon  the  Foreign  Treaties  of  the 
United  States.  Senate  Executive  Documents,  2d  Session,  48th  Con- 
gress.    Vol.  I.  Part  2.]     1 298-1308. 

Gibbs,  George.  Memoirs  of  the  Administration  of  Washington 
and  John  Adams.  2  vols.,  New  York,  1846.  I.  chs.  XIII.-XV.;  II.  chs. 
I.-VI. 

Trescott,  Wieeiam  Henry.  Diplomatic  History  of  the  Administra- 
tion of  Washington  and  Adams.    Boston,  1857.    ch.  III. 

Consult  also  Hii,dreth,  IV.  645-682,  702-704 ;  V.  125-159,  191-235  ;  Mc- 
MasTER,  II.  287-289,  311-323.  343-344.  367-410,  4M-4i6;  Schoueer,  I.  344- 
358,  373-392;  and  for  additional  references,  Channing  and  Hart,  Guide, 
§164;  and  Macdonaed,  Seeect  Documents.     135-136. 

1  Jan.  30.  1799,  1  Stat,  at  L  ,  613;  U.  S.  Rev.  Stat.,  1036,  sec.  5335;  Wharton,  Int.  Eaw 
Digest,  I,  755,  756.  "  State  Papers,  Foreign  Relations  II,  241.  3lb.,  242. 

4  Ratifications  exchanged  at  Paris,  July  31,  1801 ;  Proclaimed,  Dec.  21,  1801,  Treaties  and 
Conventions,  322. 

0  Foreign  Relations  II,  243. 


Translations  and  Reprints 


FROM  THE 


ORIGINAL,  SOURCES  OF  EUROPEAN  HISTORY. 


Vol.  VI.  The  Early  Germans.  No.  3. 


TABLE  OF  CONTENTS. 

TAGK 

I.       Julius  Cesar. 

Extract  from  the  Gallic  War 2 

II.       Tacitus. 

Germany 4 

III.  Josephus. 

Extract  from  the  Antiquities  of  the  Jews  regarding  the  con- 
duct of  the  German  Guard  on  the  murder  of  Caligula.     27 

IV.  Ammianus  Marcellinus. 

Extract  from  the  XVIth  Book  describing  a  battle  with  the 

Alamanni 3° 

Extract  from  the  XXVIIIth  Book  illustrating  Roman 
policy  in  dealing  with  the  Germans       .        .        .        •    35 


2  TRANSLATIONS  AND   REPRINTS. 

I.  CESAR. 

C.  Julius  Caesar  born  ioo  (ioi),  murdered  44  B.  C,  became  proconsul  of  the 
Gallic  provinces  in  58.  While  in  this  region  he  came  in  frequent  contact 
with  the  Germans  who  were  beginning  to  cross  the  Rhine  into  Gaul  in  large 
numbers.  In  describing  the  campaign  of  53  B.  C.  Csesar  makes  a  long 
digression  to  describe  the  manners  and  customs  of  the  Gauls  and  the  Ger- 
mans. The  passage  relating  to  the  latter  is  here  given.  The  best  edition 
of  the  Gallic  War  is  that  of  Kiibler. 

EXTRACT  FROM  THE  GALLIC  WAR. 
Lib.  VI.  cc.  XXI-XXIV.  {Latin). 

XXI.  The  customs  of  the  Germans  differ  much  from  those  of 
the  Gauls;  for  neither  have  they  Druids  to  preside  over  religious 
services,  nor  do  they  care  much  for  sacrifices.  They  count  among 
the  number  of  the  gods  those  only  whom  they  can  see,  and  whose 
benign  influence  is  manifest;  namely,  the  Sun,  Vulcan  and  the 
Moon.  Of  the  others  they  have  never  even  heard.  Their  whole 
life  is  made  up  of  hunting  and  thoughts  of  war.  From  childhood 
they  are  exercised  in  labor  and  hardship.  Those  among  them  who 
remain  longest  in  a  state  of  celibacy  are  held  in  the  highest 
esteem,  as  they  claim  that  thereby  the  stature  of  some  is  increased, 
while  it  adds  to  the  strength  and  sinews  of  others.  Indeed,  to 
have  had  intercourse  with  a  woman  before  twenty  is  considered  a 
most  disgraceful  thing,  nor  is  the  concealment  of  such  a  matter 
possible,  since  they  not  only  bathe  together  promiscuously  in  the 
streams,  but  use  skins  or  small  garments  of  reindeer  hide  for 
clothing,  whereby  a  great  part  of  the  body  is  bare. 

XXII.  They  are  not  devoted  to  agriculture,  and  the  greater 
part  of  their  food  consists  of  milk,  cheese  and  flesh;  nor  does  any- 
one possess  a  particular  piece  of  land  as  his  own  property,  with 
fixed  boundaries,  but  the  magistrates  and  the  chiefs  assign  every 
year  to  the  clans  and  the  bands  of  kinsmen  who  have  assembled 
together  as  much  land  as  they  please  in  any  locality  they  see  fit, 
and  on  the  following  year  compel  them  to  move  elsewhere.  They 
offer  many  reasons  for  this  custom;  that  the  people  may  not  lose 
their  zeal  for  war  through  habits  engendered  by  continued  appli- 
cation to  the  cultivation  of  the  soil;  that  they  may  not  be  eager  to 
acquire  large  possessions,  and  that  the  more  powerful  may  not 
drive  the  weaker  from  their  property:  that  they  may  not  build  too 
carefully  in  order  to  avoid  cold  and  heat;  that  the  love  of  money 


EXTRACT  FROM  THE  GAIJJC  WAR.  3 

may  not  spring  up,  from  which  come  divisions  and  dissensions; 
that  the  common  people  may  be  held  in  contentment,  since  each 
one  sees  his  own  wealth  kept  equal  to  that  of  the  most  powerful. 

XXIII.  It  is  a  matter  of  the  greatest  pride  to  the  tribes  to  lay 
waste  the  borders  of  their  territory  as  great  a  distance  as  possible 
and  make  them  uninhabitable.  They  consider  it  a  tribute  to  their 
valor  when  their  neighbors  are  compelled  to  retire  from  those 
lands  and  when  hardly  any  one  dares  set  foot  there;  at  the  same 
time  they  think  that  they  will  thus  be  safer,  since  the  fear  of  a 
sudden  invasion  is  removed.  When  a  tribe  is  either  repelling  an 
invasion  or  attacking  a  hostile  territory,  magistrates  are  chosen  to 
lead  them  in  the  war,  who  have  the  power  of  life  and  death.  In 
times  of  peace  they  have  no  general  magistrate,  but  the  chiefs  of 
the  districts  and  cantons  exercise  justice  among  their  own  people 
and  settle  controversies.  Robbery,  if  done  outside  the  borders  of 
the  tribe,  carries  with  it  no  disgrace,  and  they  declare  that  it  is 
practiced  for  the  sake  of  exercising  the  youth  and  preventing 
idleness.  When  any  of  the  chiefs  has  said  in  an  assembly  that  he 
is  going  to  be  the  leader  in  a  foray,  and  let  those  who  wish  to 
follow  him  hand  in  their  names,  they  who  approve  of  the  raid 
and  of  the  man  rise  up  and  promise  their  assistance,  and  are 
applauded  by  the  masses.  Those  of  the  number  who  do  not  then 
follow  him  are  considered  deserters  and  traitors,  and  thereafter  no 
faith  whatever  is  placed  in  them. 

To  violate  the  rights  of  hospitality  they  hold  to  be  a  -crime; 
whoever  come  to  them  for  any  reason  whatever,  they  protect  from 
injury,  holding  them  sacred.  Everybody's  house  is  free  to  such, 
and  they  are  furnished  with  food. 

II.  TACITUS. 

Cornelius  Tacitus,  one  of  the  greatest  historians  of  the  world,  born  about 
54  A.  D.,  died  probably  about  120  A.  D.,  is  the  great  authority  for  the  history 
of  the  early  Empire.  His  chief  works  are  the  Histories,  the  Annals,  the 
Life  of  Agricola,  and  Germany.  The  last  contains  almost  everything  that 
is  known  of  the  early  Germans,  and  modern  research  has  done  little  more 
than  confirm  what  Tacitus  has  stated  in  this  treatise.  It  was  composed  in 
98  A.  D..  but  from  what  sources  the  author  drew  the  greater  part  of  his 
information  is  unknown.  Caesar  is  the  only  writer  whom  he  expressly  men- 
tions, though  there  is  evidence  that  he  also  consulted  the  works  of  Pom- 
ponius  Mela  and  Pliny  the  Elder.  It  has  been  supposed  that  he  was  an 
official  in  Gaul  or  one  of  the  Germanies  from  90  to  94,  and  so  had  personal 


4  TRANSLATIONS   AND   REPRINTS. 

knowledge  of  the  people  lie  described,  but  he  nowhere  mentions  such  an 
experience. 

The  most  convenient  edition  of  the  Germania  for  consultation  is  Fur- 
neaux,  Oxford,  1894.  It  contains  an  excellent  introduction  and  full  notes. 
Of  the  many  English  translations  the  best  is  that  of  Church  and  Erodribb, 
of  which  the  present  editor  has  made  free  use.  Horkel  has  a  fine  German 
translation  in  the  Geschichtsschreiber  der  detttschen  Vorzeit,  Bd.  II. 

CONCERNING  GERMANY. 

Germania,  ed.  Furneaux,  Oxford,  1894.  {Latin). 

I.  Germany  proper  is  separated  from  the  Gauls,  the  Rhaetians 
and  the  Pannonians  by  the  Rhine  and  the  Danube,  from  the 
Sarmatians  and  Dacians  partly  by  the  mountains,  partly  by  their 
mutual  fears.  The  ocean  washes  its  other  boundaries,  forming 
deep  bays  and  embracing  large  islands  where  various  tribes  and 
their  kings  have  become  known  to  us  through  the  disclosures  of 
recent  war.  The  Rhine  takes  its  rise  in  the  steep  and  inaccessible 
fastnesses  of  the  Rhaetian  Alps,  and,  bending  slightly  to  the  west, 
flows  into  the  northern  ocean.  The  Danube,  pouring  down  from 
the  gently  sloping  ridge  of  Mount  Abnoba,  passes  the  borders  of 
many  nations,  and  finally  forces  its  way  through  six  outlets  into 
the  Black  Sea;  a  seventh  channel  is  swallowed  up  by  the  marshes. 

II.  I  should  say  that  the  Germans  themselves  were  an  indige- 
nous people,  without  any  subsequent  mixture  of  blood  through 
immigration  or  friendly  intercourse;  for  in  ancient  times  it  was  by 
sea  and  not  by  land  that  those  who  wished  to  change  their  homes 
wandered,  and  the  ocean,  hostile,  as  it  were,  and  of  boundless 
extent  on  the  further  side,  is  rarely  traversed  by  ships  from  our 
part  of  the  world.  And  not  to  mention  the  danger  of  the  terrible 
and  unknown  sea,  who  indeed  would  leave  Asia  or  Africa  or  Italy 
to  seek  Germany  with  its  wild  scenery,  its  harsh  climate,  its  sullen 
manners  and  aspect,  unless,  indeed,  it  were  his  native  country? 
They  tell  in  their  ancient  songs,  the  only  kind  of  tradition  and 
history  that  they  have,  how  Tuisto,  a  god  sprung  from  the  earth, 
and  his  son  Mannus  were  the  originators  and  founders  of  their 
race.  Mannus  is  supposed  to  have  had  three  sons  from  whose 
names  those  nearest  the  ocean  are  called  Ingaevones,  those  in  the 
middle  country,  Hermiones,  and  the  others,  Istaevones.  Certain 
people  assert  with  the  freedom  permitted  in  discussing  ancient 
times  that  there  were  many  descendants  of  the  god,  and  many 


CONCERNING  GERMANY.  5 

tribal  names,  such  as  Mar  si,  Gambrivii,  Suebi,  Vandilii,  and  that 
these  were  their  true  and  ancient  names.  But  the  name  Germany, 
they  say,  is  modern  and  of  recent  application,  since  those  who 
first  crossed  the  Rhine  and  expelled  the  Gauls,  and  who  are  now 
called  Tungri,  were  then  named  Germans;  thus  what  had  been  a 
tribal,  not  a  national  name,  spread  little  by  little,  so  that  later  they 
all  adopted  the  newly-coined  appellation  that  was  first  employed 
by  the  conquerors  to  inspire  fear  and  called  themselves  Germans. 

III.  They  say  that  Hercules  himself  once  visited  them,  and 
when  about  to  go  into  battle  they  sing  of  him  as  the  first  of  all 
heroes.  They  have  also  certain  songs,  by  the  intonation  of  which 
(bardituSy  as  it  is  called)  they  excite  their  courage,  while  they 
divine  the  fortune  of  the  coming  battle  from  the  sound  itself. 
They  inspire  or  feel  terror  according  to  the  character  of  the 
cheering,  though  what  harmony  there  is  in  the  shouting  is  one 
of  valor  rather  than  of  voices.  The  effect  they  particularly  strive 
for  is  that  of  a  harsh  noise,  a  wild  and  confused  roar,  which  they 
attain  by  putting  their  shields  to  their  mouths  so  that  the 
reverberation  swells  their  deep,  full  voices.  Ulysses,  too,  is 
thought  by  some  to  have  reached  this  ocean  in  those  long  and 
fabulous  wanderings  of  his,  and  to  have  been  cast  upon  the  shores 
of  Germany.  They  say  he  built  and  named  Asciburgium,  a  town 
on  the  banks  of  the  Rhine  still  inhabited;  nay  even  that  an  altar 
consecrated  by  him  and  inscribed  with  the  name  of  his  father 
L,aertes  has  been  found  at  the  same  place,  and  that  certain  monu- 
ments and  tombs  with  Greek  letters  on  them  still  exist  within  the 
confines  of  Germany  and  Rhaetia.  I  have  no  mind  to  argue 
either  for  or  against  the  truth  of  these  statements;  let  each  one 
believe  or  reject  them  as  he  feels  inclined. 

IV.  I  myself  subscribe  to  the  opinion  of  those  who  hold  that 
the  German  tribes  have  never  been  contaminated  by  intermarriage 
with  other  nations,  but  have  remained  peculiar  and  unmixed  and 
wholly  unlike  other  people.  Hence  the  bodily  type  is  the  same 
among  them  all,  notwithstanding  the  extent  of  their  population. 
They  all  have  fierce  blue  eyes,  reddish  hair  and  large  bodies  fit 
only  for  sudden  exertion;  they  do  not  submit  patiently  to  work 
and  effort  and  cannot  endure  thirst  and  heat  at  all,  though  cold 
and  hunger  they  are  accustomed  to  because  of  their  climate. 

V.  In  general  the  country,  though  varying  here  and  there  in  ap- 
pearance, is  covered  over  with  wild  forests  or  filthy  swamps,  being 


6  TRANSLATIONS  AND   REPRINTS. 

more  humid  on  the  side  of  Gaul  but  bleaker  toward  Noricum  and 
Pannonia.  It  is  suitable  enough  for  grain  but  does  not  permit  the 
cultivation  of  fruit  trees;  and  though  rich  in  flocks  and  herds  these 
are  for  the  most  part  small,  the  cattle  not  even  possessing  their 
natural  beauty  nor  spreading  horns.  The  people  take  pride  in 
possessing  a  large  number  of  animals,  these  being  their  sole  and 
most  cherished  wealth.  Whether  it  was  in  mercy  or  wrath 
that  the  gods  denied  them  silver  and  gold,  I  know  not.  Yet  I 
would  not  affirm  that  no  vein  of  German  soil  produces  silver  or 
gold ;  for  who  has  examined?  They  do  not  care  for  their  posses- 
sion and  use  as  much  as  might  be  expected.  There  are  to  be  seen 
among  them  vessels  of  silver  that  have  been  presented  as  gifts  to 
their  ambassadors  and  chiefs,  but  they  are  held  in  no  more  esteem 
than  vessels  of  earthenware  ;  however  those  nearest  to  us  prize 
gold  and  silver  because  of  its  use  in  trade,  and  they  recognize 
certain  of  our  coins  as  valuable  and  choose  those.  The  people  of 
the  interior  practice  barter  and  exchange  of  commodities  in  accord- 
ance with  the  simple  and  ancient  custom.  They  like  the  old  and 
well  known  coins,  those  with  milled  edges  bearing  the  stamp  of  a 
two-horse  chariot.  They  are  more  anxious  also  for  silver  coins 
than  for  gold,  not  because  of  any  special  liking,  but  because  a 
number  of  silver  coins  is  more  convenient  in  purchasing  cheap  and 
common  articles. 

VI.  Not  even  iron  is  abundant,  as  is  shown  by  the  character  of 
their  weapons.  Some  few  use  swords  or  long  spears,  but  usually 
they  carry  javelins,  called  in  their  language  framea,  tipped  with  a 
short  narrow  piece  of  iron  but  so  sharp  and  so  easy  to  handle  that 
as  occasion  demands  they  employ  the  same  weapon  for  fighting  at 
close  range  or  at  a  distance.  A  horseman  is  content  with  a  shield 
and  a  javelin,  but  the  footmen,  either  nude  or  lightly  clad  in  a 
small  cloak,  rain  missiles,  each  man  having  many  and  hurling  them 
to  a  great  distance.  There  is  no  particular  adornment  to  their 
weapons  except  that  their  shields  are  distinguished  by  the  most 
carefully  chosen  colors.  A  few  wear  cuirasses,  but  hardly  any  have 
helmets  of  metal  or  leather.  Their  horses  are  noted  neither  for 
their  beauty  nor  their  speed,  nor  are  they  trained  to  perform  evolu- 
tions as  with  us.  They  move  straight  ahead  or  make  a  single 
turn  to  the  right,  the  wheel  being  executed  with  such  perfect 
alignment  that  no  man  drops  behind  the  one  next  to  him.  One 
would  say  that  on  the  whole  their  chief  strength  lies  in  their  in- 


CONCERNING  GERMANY.  7 

fantry.  A  picked  body  of  these  are  chosen  from  among  all  the 
youth  and  placed  in  advance  of  the  line  where  they  fight  mixed 
with  the  horsemen,  since  their  swiftness  makes  them  fully  equal  to 
engaging  in  a  cavalry  contest.  Their  number  is  fixed  ;  there  are 
a  hundred  from  each  canton,  and  from  this  circumstance  they  take 
their  name  among  their  own  people,  so  that  what  was  at  first  a 
number  is  now  become  an  appellation  of  honor.  The  main  body 
of  troops  is  drawn  up  in  wedge-shaped  formation.  To  yield  ground, 
provided  you  press  forward  subsequently,  is  considered  a  mark  of 
prudence  rather  than  a  sign  of  cowardice.  They  carry  of!  the 
bodies  of  the  fallen  even  where  they  are  not  victorious.  It  is  the 
greatest  ignominy  to  have  left  one's  shield  on  the  field,  and  it  is 
unlawful  for  a  man  so  disgraced  to  be  present  at  the  sacred  rites  or 
to  enter  the  assembly;  so  that  many  after  escaping  from  battle  have 
ended  their  shame  with  the  halter. 

VII.  They  choose  their  kings  on  account  of  their  ancestry,  their 
generals  for  their  valor.  The  kings  do  not  have  free  and  un- 
limited power  and  the  generals  lead  by  example  rather  than  com- 
mand, winning  great  admiration  if  they  are  energetic  and  fight  in 
plain  sight  in  front  of  the  hue.  But  no  one  is  allowed  to  put  a 
culprit  to  death  or  to  imprison  him,  or  even  to  beat  him  with 
stripes  except  the  priests,  and  then  not  by  way  of  a  punishment 
or  at  the  command  of  the  general  but  as  though  ordered  by  the  god 
who  they  believe  aids  them  in  their  fighting.  Certain  figures  and 
nnages  taken  from  their  sacred  groves  they  carry  into  battle,  but 
their  greatest  incitement  to  courage  is  that  a  division  of  horse  or 
foot  is  not  made  up  by  chance  or  by  accidental  association  but  is 
formed  of  families  and  clans  ;  and  their  dear  ones  are  close  at  hand 
so  that  the  wailings  of  the  women  and  the  crying  of  the  children 
can  be  heard  during  the  battle.  These  are  for  each  warrior  the 
most  sacred  witnesses  of  his  bravery,  these  his  dearest  applauders. 
They  carry  their  wounds  to  their  mothers  and  their  wives,  nor  do 
the  latter  fear  to  count  their  number  and  examine  them  while  they 
bring  them  food  and  urge  them  to  deeds  of  valor. 

VIII.  It  is  related  how  on  certain  occasions  their  forces  already 
turned  to  flight  and  retreating  have  been  rallied  by  the  women  who 
implored  them  by  their  prayers  and  bared  their  breasts  to  their 
weapons,  signifying  thus  the  captivity  close  awaiting  them,  which 
is  feared  far  more  intensely  on  account  of  their  women  than  for 
themselves ;  to  such  an  extent  indeed  that  those  states  are  more 


8  TRANSLATIONS  AND  REPRINTS. 

firmly  bound  in  treaty  among  whose  hostages  maidens  of  noble 
family  are  also  required.  Further,  they  believe  that  the  sex  has 
a  certain  sanctity  and  prophetic  gift,  and  they  neither  despise  their 
counsels  nor  disregard  their  answers.1  We  ourselves  in  the  reign 
of  the  divine  Vespasian  saw  Valaeda,  who  was  considered  for  a 
long  time  by  many  as  a  sort  of  divinity;  and  formerly  also  Al- 
bruna  and  many  others  were  venerated,  though  not  out  of  ser- 
vility nor  as  though  they  were  deified  mortals. 

IX.  Among  the  gods  they  worship  Mercury  most  of  all,  to  whom 
it  is  lawful  to  offer  human  sacrifices  also  on  stated  days.2  Her- 
cules and  Mars  they  placate  by  the  sacrifice  of  worthy  animals. 
Some  of  the  Suebi  sacrifice  to  Isis.  The  reason  for  this  foreign 
rite  and  its  origin  I  have  not  discovered,  except  that  the  image 
fashioned  like  a  galley  shows  that  the  cult  has  been  introduced 
from  abroad.  On  the  other  hand  they  hold  it  to  be  inconsistent 
with  the  sublimity  of  the  celestials  to  confine  the  gods  in  walls 
made  by  hands,  or  to  liken  them  to  the  form  of  any  human 
countenance.  They  consecrate  woods  and  sacred  groves  to  them 
and  give  the  names  of  the  deities  to  that  hidden  mystery  which 
they  perceive  by  faith  alone. 

X.  They  pay  as  much  attention  as  any  people  to  augury  and 
lots.  The  method  of  casting  lots  is  uniform.  They  cut  off  a 
branch  from  a  fruit-bearing  tree3  and  divide  it  into  small  wands 
marked  with  certain  characters.  These  they  throw  at  random  on 
a  white  cloth.  Then  the  priest  of  the  tribe,  if  it  is  a  matter  con- 
cerning the  community,  or  the  father  of  the  family  in  case  it  is  a 
private  affair,  calling  on  the  gods  and  keeping  his  eyes  raised 
toward  the  sky,  takes  up  three  of  the  lots,  one  at  a  time,  and  then 
interprets  their  meaning  according  to  the  markings  before  men- 
tioned. If  they  have  proven  unfavorable  there  can  be  no  further 
consultation  that  day  concerning  that  particular  matter;  but  if 
they  are  favorable,  the  confirmation  of  auspices  is  further 
demanded.  Even  the  practice  of  divination  from  the  notes  and 
flight  of  birds  is  known;  but  it  is  peculiar  to  this  people  to  seek 
omens  and  warnings  from  horses  also.  These  sacred  animals  are 
white  and  never  defiled  by  labor,  being  kept  at  public  expense  in 

1  Cf.  Caesar  B.  G.  I.  50. 

3  The  identification  of  German  with  Roman  deities  was  natural  for  Tacitus, 
but  arbitrary  and  without  sufficient  grounds. 
8  Elder,  beech,  oak,  etc.,  might  be  included  under  this  designation. 


CONCERNING   GERMANY.  9 

the  holy  groves  and  woods.  They  are  yoked  to  the  sacred  chariot 
by  the  priest  and  the  king  or  chief  of  the  tribe,  who  accompany 
them  and  take  note  of  their  neighing  and  snorting.  In  no  other 
kind  of  divination  is  there  greater  confidence  placed  either  by  the 
common  people  or  by  the  nobles;  for  the  priests  are  considered 
merely  the  servants  of  the  gods,  but  the  horses  are  thought  to  be 
acquainted  with  their  counsels.  They  have  another  sort  of  divina- 
tion whereby  they  seek  to  know  the  result  of  serious  wars.  They 
secure  in  any  way  possible  a  captive  from  the  hostile  tribe  and  set 
him  to  fight  with  a  warrior  chosen  from  their  own  people,  each 
using  the  weapons  of  his  own  country.  The  victory  of  the  one  or 
the  other  is  accepted  as  an  indication  of  the  result  of  the  war. 

XI.  Concerning  minor  matters  the  chiefs  deliberate,  but  in  im- 
portant affairs  all  the  people  are  consulted,  although  the  subjects 
referred  to  the  common  people  for  judgment  are  discussed  before- 
hand by  the  chiefs.  Unless  some  sudden  and  unexpected  event 
calls  them  together  they  assemble  on  fixed  days  either  at  the  new 
moon  or  the  full  moon,  for  they  think  these  the  most  auspicious 
times  to  begin  their  undertakings.  They  do  not  reckon  time  by 
the  number  of  days,  as  we  do,  but  by  the  number  of  nights.  So 
run  their  appointments,  their  contracts  ;  the  night  introduces  the 
day,  so  to  speak.  A  disadvantage  arises  from  their  regard  for 
liberty  in  that  they  do  not  come  together  at  once  as  if  commanded 
to  attend,  but  two  or  three  days  are  wasted  by  their  delay  in  assem- 
bling. When  the  crowd  is  sufficient  they  take  their  places  fully 
armed.  Silence  is  proclaimed  by  the  priests,  who  have  on  these 
occasions  the  right  to  keep  order.  Then  the  king  or  a  chief  ad- 
dresses them,  each  being  heard  according  to  his  age,  noble  blood, 
reputation  in  warfare  and  eloquence,  though  more  because  he  has 
the  power  to  persuade  than  the  right  to  command.  If  an  opinion 
is  displeasing  they  reject  it  by  shouting  ;  if  they  agree  to  it  they 
clash  with  their  spears.  The  most  complimentary  form  of  assent 
is  that  which  is  expressed  by  means  of  their  weapons. 

XII.  It  is  also  allowable  in  the  assembly  to  bring  up  accusa- 
tions, and  to  prosecute  capital  offenses.  Penalties  are  distinguished 
according  to  crime.  Traitors  and  deserters  are  hung  to  trees. 
Weaklings  and  cowards  and  those  guilty  of  infamous  crimes  are 
cast  into  the  mire  of  swamps  with  a  hurdle  placed  over  their 
heads.1    This  difference  of  penalty  looks  to  the  distinction  that 

1  In  which  stones  could  be  thrown  to  cause  them  to  sink. 


IO  TRANSLATIONS  AND   REPRINTS. 

crime  should  be  punished  publicly  while  infamy  should  be  hidden 
out  of  sight.  lighter  offences  also  are  punished  according  to  their 
degree,  the  guilty  parties  being  fined  a  certain  number  of  horses 
or  cattle.  A  part  of  the  fine  goes  to  the  king  or  the  tribe,  part  to 
the  injured  party  or  his  relatives.1  In  these  same  assemblies  are 
chosen  the  magistrates  who  decide  suits  in  the  cantons  and  vil- 
lages. Kach  one  has  the  assistance  of  a  hundred  associates  as 
advisers  and  with  power  to  decide. 

XIII.  They  undertake  no  business  whatever  either  of  a  public 
or  a  private  character  save  they  be  armed.  But  it  is  not  custom- 
ary for  any  one  to  assume  arms  until  the  tribe  has  recognized  his 
competence  to  use  them.  Then  in  a  full  assembly  some  one  of  the 
chiefs  or  the  father  or  relatives  of  the  youth  invest  him  with  the 
shield  and  spear.  This  is  the  sign  that  the  lad  has  reached  the 
age  of  manhood;  this  is  his  first  honor.  Eefore  this  he  was  only  a 
member  of  a  household,  hereafter  he  is  a  member  of  the  tribe. 
Distinguished  rank  or  the  great  services  of  their  parents  secure 
even  for  mere  striplings  the  claim  to  be  ranked  as  chiefs.  They 
attach  themselves  to  certain  more  experienced  chiefs  of  approved 
merit;  nor  are  they  ashamed  to  be  looked  upon  as  belonging  to 
their  followings.  There  are  grades  even  within  the  train  of 
followers  assigned  by  the  judgment  of  its  leader.  There  is 
great  rivalry  among  these  companions  as  to  who  shall  rank  first 
with  the  chief,  and  among  the  chiefs  as  to  who  shall  have  the 
most  and  the  bravest  followers.  It  is  an  honor  and  a  source  of 
strength  always  to  be  surrounded  by  a  great  band  of  chosen 
youths,  for  they  are  an  ornament  in  peace,  a  defence  in  war.  It 
brings  reputation  and  glory  to  a  leader  not  only  in  his  own  tribe 
but  also  among  the  neighboring  peoples  if  his  following  is  supe- 
rior in  numbers  and  courage;  for  he  is  courted  by  embassies  and 
honored  by  gifts,  and  often  his  very  fame  decides  the  issue  of  wars. 

XIV.  When  they  go  into  battle  it  is  a  disgrace  for  the  chief  to 
be  outdone  in  deeds  of  valor  and  for  the  following  not  to  match 
the  courage  of  their  chief;  furthermore  for  any  one  of  the  followers 
to  have  survived  his  chief  and  come  unharmed  out  of  a  battle  is 
life-long  infamy  and  reproach.  It  is  in  accordance  with  their 
most  sacred  oath  of  allegiance  to  defend  and  protect  him  and  to 
ascribe  their  bravest  deeds  to  his  renown.  The  chief  fights  for 
victory;  the  men  of  his  following,  for  their  chief.     If  the  tribe  to 

1  In  case  the  offense  was  homicide. 


CONCERNING   GERMANY.  II 

which  they  belong  sinks  into  the  lethargy  of  long  peace  and  quiet 
many  of  the  noble  youths  voluntarily  seek  other  tribes  that  are 
still  carrying  on  war,  because  a  quiet  life  is  irksome  to  the  Ger- 
mans and  they  gain  renown  more  readily  in  the  midst  of  perils, 
while  a  large  following  is  not  to  be  provided  for  except  by  violence 
and  war.  For  they  look  to  the  liberality  of  their  chief  for  their 
war-horse  and  their  deadly  and  victorious  spear;  the  feasts  and 
entertainments,  however,  furnished  them  on  a  homely  but  liberal 
scale,  fall  to  their  lot  as  mere  pay.  The  means  for  this  bounty 
are  acquired  through  war  and  plunder.  Nor  could  you  persuade 
them  to  till  the  soil  and  await  the  yearly  produce  so  easily  as  you 
could  induce  them  to  stir  up  an  enemy  and  earn  glorious  wounds. 
Nay  even  they  think  it  tame  and  stupid  to  acquire  by  their  sweat 
what  they  can  purchase  by  their  blood. 

XV.  In  the  intervals  of  peace  they  spend  little  time  in  hunting 
but  much  in  idleness,  given  over  to  sleep  and  eating;  all  the 
bravest  and  most  warlike  doing  nothing,  while  the  hearth  and 
home  and  the  care  of  the  fields  is  given  over  to  the  women,  the 
old  men  and  the  various  infirm  members  of  the  family.  The 
masters  lie  buried  in  sloth  by  that  strange  contradiction  of  nature 
that  causes  the  same  men  to  love  indolence  and  hate  peace.  It  is 
customary  for  the  several  tribesmen  to  present  voluntary  offerings 
of  cattle  and  grain  to  the  chiefs  which,  though  accepted  as  gifts 
of  honor,  also  supply  their  wants.  They  are  particularly  delighted 
in  the  gifts  of  neighboring  tribes,  not  only  those  sent  by  individ- 
uals, but  those  presented  by  states  as  such, — choice  horses, 
massive  arms,  embossed  plates  and  armlets.  We  have  now  taught 
them  to  accept  money  also. 

XVI.  It  is  well  known  that  none  of  the  German  tribes  live  in 
cities,  nor  even  permit  their  dwellings  to  be  closely  joined  to  each 
other.  They  live  separated  and  in  various  places,  as  a  spring  or 
a  meadow  or  a  grove  strikes  their  fancy.  They  lay  out  their 
villages  not  as  with  us  in  connected  or  closely-joined  houses,  but 
each  one  surrounds  his  dwelling  with  an  open  space,  either  as  a 
protection  against  conflagration  or  because  of  their  ignorance  of 
the  art  of  building.  They  do  not  even  make  use  of  rough  stones 
or  tiles.  They  use  for  all  purposes  undressed  timber,  giving  no 
beauty  or  comfort.  Some  parts  they  plaster  carefully  with  earth 
of  such  purity  and  brilliancy  as  to  form  a  substitute  for  painting 
and  designs  in  color.    They  are  accustomed  also  to  dig  out  subter- 


12  TRANSLATIONS  AND   REPRINTS. 

ranean  caves  which  they  cover  over  with  great  heaps  of  manure 
as  a  refuge  against  the  cold  and  a  place  for  storing  grain,  for  re- 
treats of  this  sort  render  the  extreme  cold  of  their  winters  bear- 
able and,  whenever  an  enemy  has  come  upon  them,  though  he  lays 
waste  the  open  country  he  is  either  ignorant  of  what  is  hidden 
underground  or  else  it  escapes  him  for  the  very  reason  that  it  has 
to  be  searched  for. 

XVII.  Generally  their  only  clothing  is  a  cloak  fastened  with  a 
clasp,  or  if  they  haven't  that,  with  a  thorn ;  this  being  their  only 
garment,  they  pass  whole  days  about  the  hearth  or  near  a  fire. 
The  richest  of  them  are  distinguished  by  wearing  a  tunic,  not 
flowing  as  is  the  case  among  the  Sarmatians  and  Parthians,  but 
close-fitting  and  showing  the  shape  of  their  limbs.  There  are 
those,  also,  who  wear  the  skins  of  wild  beasts,  those  nearest  the 
Roman  border  in  a  careless  manner,  but  those  further  back  more 
elegantly,  as  those  do  who  have  no  better  clothing  obtained  by 
commerce.  They  select  certain  animals,  and  stripping  off  their 
hides  sew  on  them  patches  of  spotted  skins  taken  from  those 
strange  beasts  that  the  distant  ocean  and  the  unknown  sea  bring 
forth.  The  women  wear  the  same  sort  of  dress  as  the  men  ex- 
cept that  they  wrap  themselves  in  linen  garments  which  they 
adorn  with  purple  stripes  and  do  not  lengthen  out  the  upper  part 
of  the  tunic  into  sleeves,  but  leave  the  arms  bare  the  whole  length. 
The  upper  part  of  their  breasts  is  also  exposed.  However,  their 
marriage  code  is  strict,  and  in  no  other  part  of  their  manners  are 
they  to  be  praised  more  than  in  this.  For  almost  alone  among 
barbarian  peoples  they  are  content  with  one  wife  each,  excepting 
those  few  who  because  of  their  high  position  rather  than  out  of 
lust  enter  into  more  than  one  marriage  engagement. 

XVIII.  The  wife  does  not  bring  a  dowry  to  the  husband,  but 
the  husband  to  the  wife.  The  parents  and  relatives  are  present 
at  the  ceremony  and  examine  and  accept  the  presents, — gifts  not 
suited  to  female  luxury  nor  such  as  a  young  bride  would  deck 
herself  with,  but  oxen,  a  horse  and  bridle  and  a  shield  together 
with  a  spear  and  sword.  In  consideration  of  these  offerings  the 
wife  is  accepted,  and  she  in  her  turn  brings  her  husband  a  gift  of 
weapons.  This  they  consider  as  the  strongest  bond,  these  as 
their  mystic  rites,  their  gods  of  marriage.  L,est  the  woman  should 
think  herself  excluded  from  aspiring  to  share  in  heroic  deeds  and 
in  the  dangers  of  war,  she  is  admonished  by  the  very  initiatory 


CONCERNING   GERMANY.  13 

ceremonies  of  matrimony  that  she  is  becoming  the  partner  of  her 
husband's  labors  and  dangers,  destined  to  suffer  and  to  dare  with 
him  alike  in  peace  and  in  war.  The  yoke  of  oxen,  the  caparisoned 
horse,  the  gift  of  arms,  give  this  warning.  So  must  she  live,  so 
must  she  die.  What  things  she  receives  .she  must  hand  down  to 
her  children  worthy  and  untarnished  and  such  that  future 
daughters-in-law  may  receive  them  and  pass  them  on  to  her  grand- 
children. 

XIX.  Thus  they  live  in  well-protected  virtue,  uncorrupted  by 
the  allurements  of  shows  or  the  enticement  of  banquets.  Men 
and  women  alike  know  not  the  secrecy  of  correspondence. 
Though  the  race  is  so  numerous,  adultery  is  very  rare,  its 
punishment  being  immediate  and  inflicted  by  the  injured 
husband.  He  cuts  off  the  woman's  hair  in  the  presence  of  her 
kinsfolk,  drives  her  naked  from  his  house  and  flogs  her  through 
the  whole  village.  Indeed,  the  loss  of  chastity  meets  with  no 
indulgence;  neither  beauty,  youth  nor  wealth  can  procure  the 
guilty  woman  a  husband,  for  no  one  there  laughs  at  vice,  nor  is 
corrupting  and  being  corrupted  spoken  of  as  the  way  of  the 
world.  Those  tribes  do  better  still  where  only  the  virgins  marry 
and  where  the  hope  and  aspiration  of  married  life  is  done  with 
once  for  all.  They  accept  one  husband,  just  as  they  have  one 
body  and  one  life,  that  they  may  have  no  thought  beyond  this, 
no  further  desire;  that  their  love  may  be  as  it  were  not  for  the 
married  state,  but  for  the  husband.1  To  limit  the  number  of  chil- 
dren or  to  put  any  of  the  later  children  to  death  is  considered  a 
crime,  and  with  them  good  customs  are  of  more  avail  than  good 
laws  elsewhere. 

XX.  In  every  household  the  children  grow  up  naked  and  un- 
kempt into  that  lusty  frame  and  those  sturdy  limbs  that  we 
admire.  Each  mother  nurses  her  own  children;  they  are  not 
handed  over  to  servants  and  paid  nurses.  The  lord  and  the 
slave  are  in  no  way  to  be  distinguished  by  the  delicacy  of  their 
bringing  up.  They  live  among  the  same  flocks,  they  lie  on  the 
same  ground,  until  age  separates  them  and  valor  distinguishes 
the  free  born,  f^he  young  men  marry  late  and  their  vigor  is 
thereby  unimpaired.^  Nor  is  the  marriage  of  girls  hastened. 
They  have  the  same  youthful  vigor,   the  same  stature  as  the 

1  This  emendation  of  the  text  is  that  proposed  by  Gudeinan  in  his  edition 
of  the  Germania. 


14  TRANSLATIONS  AND  REPRINTS. 

young  men.  Thus  well-matched  and  strong  when  they  marry, 
the  children  reproduce  the  robustness  of  their  parents.  An  uncle 
shows  the  same  regard  for  his  sister's  children  as  does  their  own 
father.  Some  tribes  consider  this  relationship  more  sacred  and 
binding  than  any  other,  and  in  taking  hostages  lay  special  stress 
upon  it  on  the  ground  that  they  secure  thus  a  stronger  hold  on 
the  mind  and  a  wider  pledge  for  the  family.  A  man's  heirs  and 
successors,  however,  are  his  own  children,  and  no  wills  are  made. 
If  there  are  no  children  the  next  heirs  are  the  brothers,  then  come 
the  paternal  and  maternal  uncles.  The  more  relatives  a  man  has 
and  the  greater  the  number  of  his  connections,  the  more  honored 
is  his  old  age.     Childlessness  has  no  advantages. 

XXI.  A  German  is  required  to  adopt  not  only  the  feuds  of  his 
father  or  of  a  relative,  but  also  their  friendships,  though  the 
enmities  are  not  irreconcilable.  For  even  homicide  is  expiated  by 
the  payment  of  a  certain  number  of  cattle,  and  the  whole  family 
accept  the  satisfaction,  a  useful  practice  as  regards  the  state  be- 
cause feuds  are  more  dangerous  where  there  is  no  strong  legal 
control. 

No  other  race  indulges  more  freely  in  entertainments  and 
hospitality.  It  is  considered  a  crime  to  turn  any  mortal  man 
away  from  one's  door.  According  to  his  means  each  one  receives 
those  who  come  with  a  well  furnished  table.  When  his  food  has 
been  all  eaten  up,  he  who  had  lately  been  the  host  becomes  the 
guide  and  companion  of  his  guest  to  the  next  house,  which  they 
enter  uninvited.  There  is  no  distinction  between  guests;  they  are 
all  received  with  like  consideration.  No  one  makes  any  difference 
between  friend  and  stranger  so  far  as  concerns  the  rights  of  hos- 
pitality. If  the  guest  on  going  away  asks  for  any  gift,  it  is 
customary  to  grant  it  to  him,  and  the  host  on  his  side  feels  the 
same  freedom  from  constraint  in  making  a  request.  They  take 
great  pleasure  in  presents,  but  they  do  not  reckon  them  as  favors 
nor  do  they  put  themselves  under  obligations  in  accepting  them. 

XXII.  As  soon  as  they  awake  from  sleep,  which  they  prolong 
till  late  in  the  day,  they  bathe,  usually  in  warm  water  as  their 
winter  lasts  a  great  part  of  the  year.  After  the  bath  they  take 
food,  each  sitting  in  a  separate  seat  and  having  a  table  to  himself. 
Then  they  proceed  to  their  business  or  not  less  often  to  feasts, 
fully  armed.  It  is  no  disgrace  to  spend  the  whole  day  and  night 
in  drinking.     Quarreling  is  frequent  enough  as  is  natural  among 


CONCERNING  GERMANy.  1 5 

drunken  men,  though  their  disputes  are  rarely  settled  by  mere 
wrangling  but  oftener  by  bloodshed  and  wounds.  Yet  it  is  at 
their  feasts  that  they  consult  about  reconciling  enemies,  forming 
family  alliances,  electing  chiefs,  and  even  regarding  war  and 
peace,  as  they  think  that  at  no  other  time  is  the  mind  more  open 
to  fair  judgment  or  more  inflamed  to  mighty  deeds.  A  race 
without  natural  or  acquired  cunning  still  continues  to  disclose  the 
secret  thoughts  of  the  heart  in  the  freedom  of  festivity.  There- 
fore at  such  a  time  the  minds  of  all  are  free  and  unconstrained. 
On  the  next  day  the  matter  is  reconsidered  and  a  particular 
advantage  is  secured  on  each  occasion.  They  take  counsel  when 
they  are  unable  to  practice  deception;  they  decide  when  they 
cannot  be  misled. 

XXIII.  A  liquor  for  drinking  bearing  a  certain  resemblance  to 
wine  is  made  by  the  process  of  fermentation  from  barley  or  other 
grain.  Those  next  the  border  also  buy  wine.  Their  food  is  of 
a  simple  kind,  wild  fruit,  fresh  game  or  curdled  milk.  They 
satisfy  their  hunger  without  elaborate  preparation  and  without 
the  use  of  condiments.  In  the  matter  of  thirst  they  do  not  use 
the  same  temperance.  If  you  should  indulge  their  love  of  drink 
by  furnishing  them  as  much  as  they  wanted,  they  might  be  con- 
quered more  easily  by  their  vices  than  by  arms. 

XXIV.  As  to  games,  but  one  and  the  same  kind  is  seen  in  all 
their  gatherings.  Naked  youths  wTho  make  profession  of  this  ex- 
hibition leap  and  dance  among  swords  and  spears  that  threaten 
their  lives.  Constant  practice  has  given  them  skill,  skill  has 
given  graee.  Still  they  do  not  indulge  in  this  pastime  with  a 
view  to  profit.  The  pleasure  of  the  spectators  is  the  reward  for 
their  recklessness,  however  daring.  They  indulge  in  games  of 
chance,  strange  as  it  may  seem,  even  when  sober,  as  one  of  their 
serious  occupations,  with  such  great  recklessness  in  their  gains  and 
losses  that  when  everything  else  is  gone  they  stake  their  liberty 
and  their  own  persons  on  the  last  and  decisive  throw.  The  loser 
goes  into  voluntary  slavery.  Though  he  may  be  the  younger  and 
stronger  of  the  two,  he  suffers  himself  to  be  bound  and  led  away. 
Such  is  their  stubbornness  in  a  bad  practice.  They  themselves 
call  it  honor.  They  sell  slaves  of  this  description  to  others  that 
they  may  not  feel  the  shame  of  such  a  success. 

XXV.  But  they  do  not  employ  slaves  as  we  do  with  distinct 
functions  prescribed  throughout  the  establisment.     Each  has  his 


l6  TRANSLATIONS  AND   REPRINTS. 

own  domicile  and  rules  his  own  house.  The  lord  exacts  a  certain 
amount  of  grain  or  cloth  or  a  certain  number  of  cattle  as  in  the 
case  of  a  tenant  and  this  is  the  extent  of  his  servitude.  Other 
duties,  those  of  the  household,  are  performed  by  the  lord's  wife  and 
children.  To  beat  a  slave  or  to  punish  him  with  chains  and  task 
work  is  rare.  They  occasionally  kill  one,  not  in  the  severity  of 
discipline  but  impetuously  and  in  sudden  wrath  as  they  would  kill 
an  enemy,  except  that  the  deed  goes  without  punishment.  Freed- 
men  do  not  rank  much  above  slaves;  they  are  not  of  much  account 
in  the  household  and  never  in  the  state,  except  only  in  those  tribes 
that  are  ruled  by  kings.  For  there  they  are  elevated  above  the  free 
born  and  the  nobles.  The  inferior  position  of  the  freedman  else- 
where is  the  mark  of  the  free  state. 

XXVI.  To  trade  with  capital  and  to  let  it  out  at  interest  is  un- 
known, and  so  it  is  ignorance  rather  than  legal  prohibition  that 
protects  them.  I^and  is  held  by  the  villages  as  communities  ac- 
cording to  the  number  of  the  cultivators,  and  is  then  divided 
among  the  freemen  according  to  their  rank.  The  extent  of  their 
territories  renders  this  partition  easy.  They  cultivate  fresh  fields 
every  year  and  there  is  still  knd  to  spare.  They  do  not  plant 
orchards  nor  lay  off  meadow-lands  nor  irrigate  gardens  so  as  to 
require  of  the  soil  more  than  it  would  naturally  bring  forth  of  its 
own  richness  and  extent.  Grain  is  the  only  tribute  exacted  from 
their  land,wThence  they  do  not  divide  the  year  into  as  many  seasons 
as  we  do.  The  terms  winter,  spring  and  summer  have  a  meaning 
with  them,  but  the  name  and  blessings  of  autumn  are  unknown. 

XXVII.  There  is  no  pomp  in  the  celebration  of  their  funerals. 
The  only  custom  they  observe  is  that  the  bodies  of  illustrious 
men  should  be  burned  with  certain  kinds  of  wood.  They  do  not 
heap  garments  and  perfumes  upon  the  funeral  pile.  In  every 
case  a  man's  arms  are  burned  with  him,  and  sometimes  his  horse 
also.  They  believe  that  stately  monuments  and  sculptured 
columns  oppress  the  dead  with  their  weight;  the  green  sod  alone 
covers  their  graves.  Their  tears  and  lamentations  are  quickly 
laid  aside;  sadness  and  grief  linger  long.  It  is  fitting  for  women 
to  mourn,  for  men  to  remember. 

Such  are  the  facts  I  have  obtained  in  general  concerning  the 
origin  and  customs  of  the  Germans  as  a  whole.  Now  I  will  men- 
tion the  institutions  and  rites  of  the  separate  tribes  in  so  far  as 
they  differ  from  one  another,  and  speak  of  the  nations  that  have 
wandered  over  into  Gaul. 


CONCERNING  GERMANY.  1 7 

XXVIII.  That  prince  of  writers,  the  divine  Julius,  relates  that 
in  former  times  the  Gauls  were  more  powerful  than  the  Germans, 
and  so  we  may  believe  that  they  too  have  crossed  over  into  Ger- 
many; for,  whenever  a  tribe  grew  strong,  how  much  of  an  ob- 
stacle would  a  river  furnish  to  its  occupying  territory  as  yet 
unappropriated  and  not  partitioned  among  powerful  kingdoms, 
or  of  again  exchanging  such  possessions  for  others  ?  Therefore 
it  was  that  the  Helvetii  occupied  the  land  between  the  Hercynian 
forest,  the  Rhine  and  the  Main,  and  the  Boiiy  another  Gallic 
tribe,  the  land  further  on.  The  name  Boihcsmum1  remains  to 
this  day  and  attests  the  old  tradition  of  the  place,  although  the 
inhabitants  have  changed.  But  whether  the  Aravisci  migrated 
into  Pannonia  from  the  Osi,  or  the  Osi  migrated  into  Germany 
from  the  Aravisci,  is  uncertain,  though  they  have  the  same 
language,  institutions  and  customs;  for  originally  on  account  of 
the  equal  poverty  and  equal  freedom  on  either  bank  of  the  river 
there  was  no  choice  between  them.  The  Treverii  and  Nervii  go 
so  far  as  to  pride  themselves  on  their  claim  to  a  German  origin 
as  though  to  be  freed  by  the  glory  of  such  a  relationship  from  the 
disgrace  of  Gallic  effeminacy.  People  of  undoubted  German 
blood  occupy  the  Rhine  bank  itself— the  Vangiones,  the  Triboci 
and  the  Nemetes.  Not  even  the  Ubiiy  though  they  have  earned 
the  right  to  be  known  as  a  Roman  colony  and  prefer  to  be 
called  Agrippinenses  from  the  name  of  their  founder,  blush  at 
their  German  origin.  In  former  times  they  crossed  over  and  by 
reason  of  their  tried  loyalty  were  settled  on  the  bank  of  the  Rhine 
as  worthy  to  guard  it,  but  not  needing  to  be  watched  themselves. 

XXIX.  Of  all  these  tribes  the  Batavi,  who  cover  not  much  of 
the  river  front,  but  inhabit  an  island  in  the  Rhine  itself,  are 
especially  distinguished  by  their  valor.  Once  a  division  of  the 
Chatti,  they  came  across  to  these  possessions  on  account  of  a 
domestic  uprising  and  were  destined  to  become  here  a  part  of  the 
Roman  empire.  They  retain  certain  honors  as  evidence  of  an 
ancient  alliance;  for  they  are  neither  insulted  by  tribute  nor  ground 
down  by  the  tax-farmer.  Exempt  from  burdens  and  imposts 
and  set  apart  for  employment  as  warriors  only,  they  are  reserved 
for  our  wars  like  a  magazine  of  arms  and  weapons.  The  Mattiaci 
hold  the  same  relationship  to  us,  for  the  greatness  of  Rome  has 
spread  the  reverence  for  her  empire  beyond  the  Rhine  and  beyond 

1 1.  e.,  Boier  Heimat. 


18  TRANSLATIONS  AND  REPRINTS. 

her  ancient  boundaries.  And  so,  though  their  territories  are  on 
the  other  side  of  the  river,  they  are  united  to  us  in  sentiment  and 
purpose,  resembling  the  Batavi  in  all  things  except  that  they  are 
still  more  warlike  because  of  the  soil  and  climate  of  their  land. 
I  should  not  enumerate  among  the  peoples  of  Germany  those 
who,  though  they  live  on  the  other  side  of  the  Rhine  and  Dan- 
ube, cultivate  the  tithe-lands.  The  most  worthless  of  the  Gauls, 
made  reckless  by  poverty,  occupied  these  lands  of  uncertain 
ownership.  After  a  little,  the  frontier  line  being  advanced  and 
forts  erected,  they  were  reckoned  as  an  outpost  of  the  empire  and 
a  part  of  the  province  of  Upper  Germany. 

XXX.  Beyond  these  are  the  Chatti.  Their  settlements  begin 
at  the  Hercynian  Forest,  where  the  land  is  less  level  and  swampy 
than  in  the  other  regions  comprehended  within  the  limits  of 
Germany;  for  the  hills  last  through  their  territory  and  then 
gradually  disappear,  and  the  Hercynian  Forest  accompanies  its 
native  Chatti  till  it  has  seen  the  last  of  them.  This  tribe  have 
very  powerful  bodies,  close-knit  limbs,  fierce  looks  and  great 
activity  of  mind.  For  Germans  they  show  intelligence  and 
cleverness.  They  choose  their  leaders  and  obey  them;  they  know 
their  places  in  the  ranks;  they  notice  opportunities  and  wait  for 
the  right  moment  of  attack;  they  map  out  the  day  according  to 
what  they  have  to  do,  and  at  night  fortify  their  camps;  they  hold 
luck  as  uncertain,  courage  a  sure  means  of  success;  and,  what  is 
very  unusual  except  in  the  case  of  Roman  discipline,  they  place 
more  reliance  on  their  leader  than  on.  the  army.  Their  entire 
strength  lies  in  their  infantry  which  they  furnish  with  intrench- 
ing tools  and  provisions  besides  their  regular  arms.  You  see 
other  Germans  setting  out  to  fight  a  battle,  the  Chatti,  however, 
to  conduct  a  campaign.  They  rarely  engage  in  sudden  dashes 
and  chance  battles.  And  this  may  well  be  so,  for  it  is  the  pecu- 
liarity of  cavalry  to  yield  a  victory  as  easily  as  they  win  one. 
Fleetness  is  allied  to  timidity,  deliberateness  is  nearer  to 
steadiness. 

XXXI.  A  practice  occasionally  found  among  the  other  German 
peoples  as  a  mark  of  individual  daring  has  become  universal 
among  the  Chatti;  namely,  when  they  have  arrived  at  manhood 
they  let  the  hair  and  beard  grow  wild  and  unkempt,  nor  will  they 
trim  them  and  thus  lay  aside  the  peculiar  aspect  which  devotes 
and  pledges  them  to  valor  until  they  have  killed  their  man.    Over 


CONCERNING   GERMANY.  1 9 

the  blood  and  spoils  of  an  enemy  they  bare  their  faces  for  the 
first  time,  and  not  till  then  do  they  feel  that  they  have  paid  the 
price  of  their  birth  and  shown  themselves  worthy  of  their  parents 
and  their  country.  Weak  and  cowardly  men  remain  unshorn. 
The  very  bravest  wear,  besides,  an  iron  ring  (a  mark  of  great  in- 
famy with  that  tribe)  as  a  token  of  bondage  until  they  have  freed 
themselves  by  the  killing  of  an  enemy.  Very  many  of  the  Chatti 
take  pride  in  appearing  in  this  fashion  and  are  thus  marked  out 
for  distinction  among  enemies  and  friends  alike  until  they  become 
grey-headed  old  men.  These  are  the  ones  who  begin  all  the 
battles ;  they  form  the  first  line  of  attack,  an  unusual  spectacle. 
And  they  are  a  strange  sight  at  other  times,  too,  for  even  in  peace 
they  do  not  soften  themselves  by  a  less  fierce  mode  of  life.  They 
have  no  houses  nor  fields  nor  occupation  of  any  kind.  They  are 
supported  by  whomsoever  they  choose  to  visit,  being  as  lavish 
with  the  possessions  of  another  as  they  are  prodigal  of  their  own, 
until  the  weakness  of  old  age  renders  them  unequal  to  such  harsh 
and  heroic  discipline. 

XXXII.  Next  to  the  Chatti  dwell  the  Usifiii  and  Tencteri  along 
the  Rhine  which  here  has  a  fixed  channel  and  is  fitted  to  form  a 
boundary.  The  Tencteri  over  and  above  ordinary  warlike  skill 
excel  in  horsemanship.  The  renown  of  the  infantry  of  the  Chatti 
is  not  greater  than  that  of  the  cavalry  of  the  Tencteti.  The  rep- 
utation thus  established  by  the  ancestors  is  maintained  by  their 
descendants.  Horsemanship  forms  the  sport  of  the  children  and 
the  rivalry  of  the  youths,  while  among  the  old  men  its  practice  is 
still  kept  up.  Horses  are  considered  as  part  of  the  household  and 
the  domestic  establishment  and  as  subjects  of  rightful  inheritance. 
The  son  who  receives  the  horse  is  not  the  oldest,  to  whom  the 
other  property  goes,  but  the  fiercest   and  bravest. 

XXXIII.  The  Bructeri  once  Irved  next  the  Tencteri.  But 
now  the  story  is  told  that  the  Chamavi  and  Angrivarii  entered 
their  territories,  drove  them  out  and  almost  *  annihilated  them 
with  the  consent  of  the  neighboring  nations,  either  because  of 
the  hatred  inspired  by  their  pride  or  through  love  of  plunder. 
This  was  a  special  favor  and  kindness  of  the  gods  towards  us. 
They  did  not  even  grudge  us  the  sight  of  the  battle.  Above 
sixty  thousand  men  fell,  not  beneath  the  arms  of  Roman  soldiers 
but,  what  is  grander,  for  their  delight  and  pleasure.      I  pray 

1See  Gudeman. 


20  TRANSLATIONS   AND  REPRINTS. 

there  may  continue  to  exist  among  these  tribes,  if  not  a  love  for 
us,  at  least  a  hatred  for  each  other,  since,  while  the  destinies  of 
the  empire  drive  us  on,  fortune  can  offer  us  nothing  better  than 
the  discord  of  our  enemies. 

XXXIV.  The  Angrivarii  and  Chamavi  are  enclosed  by  the 
Dulgubiin,  the  Chasuarii  and  other  tribes  hardly  worthy  of  men- 
tion on  the  east,  and  by  the  FHsii  on  the  west.  The  latter  are 
spoken  of  as  the  Greater  and  Lesser  Frisii,  according  to  the 
measure  of  their  strength.  The  two  tribes  are  bordered  by  the 
Rhine  clear  to  the  ocean,  and  dwell  besides  around  great  lakes 
that  are  navigable  to  Roman  fleets.  We  have  even  ventured 
upon  the  ocean  itself  in  that  quarter.  Rumor  has  it  that  pillars 
of  Hercules  still  exist  there,  though  whether  Hercules  ever  vis- 
ited those  parts  or  whether  we  are  inclined  to  assign  to  his  glory 
whatever  is  sublime  in  any  part  of  the  world,  I  will  not  say. 
Drusus  Germanicus  dared  these  perils,  but  the  ocean  forbad  the 
exploration  of  its  own  waters  or  of  the  works  of  Hercules. 
Afterwards  none  ventured  so  far,  as  it  seemed  more  in  accordance 
with  piety  and  reverence  to  believe  in  the  great  deeds  of  the  gods 
rather  than  to  inquire  into  them. 

XXXV.  So  far  we  have  been  speaking  of  western  Germany. 
To  the  north  its  territories  extend  back  in  a  great  sweep.  First 
comes  the  tribe  of  the  Chauci,  which,  though  it  is  bounded  on  one 
side  by  the  Frisii  and  occupies  a  part  of  the  coast,  extends  along 
the  frontiers  of  all  the  tribes  I  have  been  mentioning,  and  finally 
extends  south  to  the  Chatti.  So  great  an  extent  of  territory  is 
not  only  held  in  possession,  but  thickly  populated  also  by  the 
Chauci,  the  noblest  of  the  German  people,  for  they  prefer  to 
maintain  themselves  by  just  dealings.  Without  cupidity  and 
without  insolence,  quiet  and  retired,  they  stir  up  no  wars  nor 
ravage  the  lands  of  others  with  rapine  and  robbery.  It  is  a 
mark  of  their  valor  and  the  sign  of  their  strength  that  they  do 
not  need  to  practice  aggressions  in  order  that  they  may  stand 
pre-eminent.  Nevertheless,  arms  are  ready  at  the  hands  of 
every  man,  and  when  occasion  requires,  an  organized  army  strong 
in  horse  and  foot  is  forthcoming.  When  they  are  at  peace  their 
renown  is  the  same. 

XXXVI.  By  the  side  of  the  Chauci  and  Chatti  are  the  Cherusci, 
who  being  undisturbed  indulged  in  a  long  and  enervating  peace. 
This  was  pleasanter  than  it  was  safe,  for  between  lawless  and 


CONCERNING   GERMANY.  21 

powerful  neighbors  it  is  a  mistake  to  think  of  repose.  Where  the 
strong  hand  rules,  moderation  and  justice  are  titles  becoming  only 
to  the  more  powerful.  And  so  those  who  were  formerly  called 
the  good  and  upright  Cherusci  are  now  spoken  of  as  cowards 
and  fools.  When  the  Chaiti  were  victorious  their  good  luck  went 
for  wisdom.  Dragged  into  the  ruin  of  the  Cherusci,  the  Fosi  also, 
a  neighboring  tribe,  shared  equally  their  misfortunes,  though  in 
prosperous  days  they  had  been  inferior  to  them. 

XXXVII.  The  same  neck  of  land  is  occupied  by  the  Cimbri, 
now  a  small  tribe,  but  of  great  renown.  Vestiges  of  their  ancient 
power  still  remain  in  the  shape  of  great  camps  on  either  bank  of 
the  Rhine,  and  by  their  extent  you  can  judge  of  the  multitude  of 
hands  that  were  at  work,  and  how  credible  is  the  story  of  their 
mighty  emigration.  Our  city  was  in  its  six  hundred  and  fortieth 
year  when  the  report  of  the  Cimbric  invasion  came  to  our  ears  in 
the  consulship  of  Metellus  and  Papirius  Carbo.  Reckoning  from 
this  time  to  the  second  consulship  of  the  Emperor  Trajan,  about 
two  hundred  and  ten  years  are  summed  up.1  So  long  has  our 
so-called  conquest  of  Germany  taken  us.  During  this  extended 
period  the  losses  have  been  great  on  both  sides.  Neither  the 
Samnites  nor  the  Carthaginians,  the  two  Spains  nor  the  Gauls, 
nor  even  the  Parthians  themselves,  have  oftener  threatened  our 
power.  Truly,  the  liberty  of  the  Germans  is  a  fiercer  menace 
than  the  Arsacid  despotism.  For  with  what  else  can  the  East 
taunt  us  save  the  destruction  of  Crassus,  and  that,  too,  counter- 
balanced by  the  fall  of  Pacorus  overthrown  by  a  Ventidius  ?  But 
the  Germans  by  defeating  or  capturing  Carbo  and  Cassius, 
Scaurus  Aurelius  and  Servilius  Caepio  and  Gnaeus  Mallius,  have 
deprived  the  Roman  people  of  five  consular  armies  in  one  war, 
and  taken  Varus  and  his  three  legions  even  from  Caesar.  Nor 
was  it  without  loss  that  C.  Marius  defeated  them  in  Italy,  the 
divine  Julius  in  Gaul,  and  Drusus,  Nero  and  Germanicus  in  their 
own  land.  Afterwards  the  mighty  threats  of  Gaius  Csesar  were 
turned  to  ridicule.  Then  there  was  quiet  until  on  occasion  of  our 
discord  and  civil  war  they  stormed  the  winter  camp  of  the  legions 
and  even  laid  claim  to  the  provinces  of  Gaul.  And  now  they 
have  been  again  repulsed  in  recent  times,  though  it  wras  less  a 
defeat  for  the  enemy  than  an  excuse  for  a  triumph  in  Rome. 

XXXVIII.  Now  we  must  speak  of  the  Suebi,  who  are  not  one 
1  This  passage  fixes  the  date  of  the  Germania  at  A.  D.  98. 


.22  TRANSLATIONS  AND   REPRINTS. 

tribe  as  is  the  case  with  the  Chatti  and  Tenderi;  for  they  possess 
the  greater  part  of  Germany  and  are  besides  divided  into  nations 
having  each  its  own  name,  though  all  have  the  common  appella- 
tion of  Suebi.  A  characteristic  of  these  people  is  that  they  comb 
back  the  hair  on  each  side  and  gather  it  in  a  knot  below.  In  this 
manner  the  Suebi  are  distinguished  from  the  other  Germans,  and 
the  free  Suebi  from  their  slaves.  Among  other  tribes,  either  on 
account  of  some  relationship  to  the  Suebi  or,  as  often,  happens,  in 
imitation  of  them,  the  practice  also  obtains,  but  it  is  rare  and  con- 
fined to  youths.  Among  the  Suebi,  however,  even  till  old  age  they 
continue  to  fasten  back  their  unkempt  hair,  and  often  they  knot  it 
on  the  very  top  of  the  head.  The  chiefs  arrange  their  hair  still 
more  ornately.  This  comes  from  their  care  for  their  personal  ap- 
pearance, but  it  is  not  mere  vanity;  for  they  do  not  adorn  them- 
selves in  order  to  enter  the  lists  of  love,  but  they  thus  add  to  their 
height  that  they  may  appear  more  terrible  to  the  eyes  of  the  enemy 
when  going  into  battle. 

XXXIX.  They  say  the  Semnones  are  the  oldest  and  noblest  of 
the  Suebian  tribes.  The  belief  in  their  antiquity  is  confirmed  by 
a  religious  institution.  At  a  fixed  time  all  the  people  of  the  same 
blood  are  assembled  through  their  representatives  in  a  grove  hal- 
lowed by  the  sacred  rites  of  their  ancestors  and  by  ancient  rever- 
ence, where  they  publicly  sacrifice  a  human  being  and  celebrate 
the  horrible  initiatory  rites  of  barbarism.  Another  form  of  rever- 
ence paid  to  this  grove  is  that  no  one  dare  enter  it  unless  he  be 
bound  by  a  cord,  as  outwardly  acknowledging  himself  a  subject  of 
the  god  and  under  his  power.  If  he  falls  down  by  chance  he  is  not 
permitted  to  rise  to  his  feet  or  to  be  lifted  up,  but  must  roll  away 
on  the  ground.  This  whole  superstition  rests  on  the  belief  that 
from  this  place  the  race  took  its  origin,  that  there  dwells  the  god, 
the  ruler  of  all  things,  to  whom  everything  is  subject  and  obedient. 
Their  good  fortune  gives  the  Semnones  further  consideration.  A 
hundred  cantons  are  occupied  by  them,  and  their  great  numbers 
cause  them  to  regard  themselves  as  the  head  of  the  Suebian  race. 
XL.  On  the  other  hand  the  small  number  of  their  people  gives 
distinction  to  the  Layigobardi.  Surrounded  by  numerous  power- 
ful tribes,  they  maintain  their  position  not  03^  submission  but  by  the 
risks  of  battle.  Beyond  them  the  Rendigni,  Aviones,  Anglii, 
Varini,  Eudoses,  Sua?'dones  and  Nuithones  are  protected  by  their 
rivers  and  forests.     There  is  nothing  worthy  of  note  among  these 


CONCERNING   GERMANY.  23 

various  tribes  except  their  common  worship  of  Nerthus,  that  is, 
Mother  Earth,  and  their  belief  that  she  intervenes  in  human 
affairs  and  visits  mankind.  On  a  certain  island  of  the  ocean  there 
is  a  sacred  grove  wherein  is  a  chariot  dedicated  to  her,  protected  by 
a  covering.  Only  one  priest  is  allowed  to  touch  it.  He  knows 
when  the  goddess  takes  her  place  in  the  sacred  car,  and  walks  be- 
side her  with  great  reverence  as  she  is  drawn  along  by  heifers. 
It  is  a  time  of  rejoicing  whenever  she  approaches  and  festivities 
reign  wherever  she  deigns  to  be  received.  At  such  a  time  they 
undertake  no  wars  and  arms  are  laid  aside.  Every  weapon  is 
locked  up.  Then  only  is  quiet  to  be  noticed  among  these  people; 
then  only  do  they  love  peace,  until  the  goddess  wearied  with; 
human  intercourse  is  conducted  back  to  her  temple  b}^  the  priest. 
Then  the  chariot  and  its  coverings  and,  if  you  care  to  believe  it, 
the  divinity  herself,  are  purified  in  a  secret  lake.  Slaves  attend  to 
this,  who  are  immediately  swallowed  up  by  the  same  waters. 
Hence  comes  a  mysterious  fear  and  pious  ignorance,  since  they 
only  who  are  about  to  die  see  what  the  mysteries  are. 

XIX  This  division  of  the  Suebi  extends  back  in  fact  into  the 
remoter  parts  of  Germany.  Nearer  to  us  (I  shall  now  follow  the 
course  of  the  Danube  as  I  previously  did  that  of  the  Rhine)  are 
situated  the  Hermunduri,  a  tribe  friendly  to  the  Romans.  Con- 
sequently they  are  the  only  Germans  who  trade  not  only  on  the 
river  bank  but  far  within  the  province  of  Rhaetia  and  with  its 
most  flourishing  colony.  They  travel  about  everywhere  without 
a  guard,  and  while  we  show  to  the  other  tribes  only  our  arms 
and  fortified  camps,  we  freely  throw  open  our  homes  and  our 
villas  to  these,  knowing  that  they  do  not  covet  them.  In  the 
territory  of  the  Hermunduri  the  Elbe  takes  its  rise,  a  famous 
river,  once  well  known  though  now  we  only  hear  of  it. 

XIJI.  Next  the  Hermunduri  are  found  the  Narisli,  and 
further  on  the  Marcomani  and  Quadi.  The  Marcomani  are  dis- 
tinguished for  their  strength  and  renown,  and  even  their  terri- 
tory was  won  from  the  Boii,  whom  they  drove  out  by  their  valor. 
Nor  do  the  Naristi  and  Quadi  fall  below  them.  And  these  are, 
as  it  were,  the  front  presented  to  the  empire  by  Germany,  so  far 
as  it  is  girdled  by  the  Danube.  Up  to  our  own  time  the  Mar- 
comani and  Quadi  continued  to  be  ruled  over  by  kings  of  their 
own  race,  of  the  noble  family  of  Maroboduus  and  Tudrus  (now 
they  submit  even  to  kings  from  other  tribes),  but  the  force  and 


24  TRANSLATIONS  AND   REPRINTS. 

power  of  their  kings  is  derived  from  Roman  support.  They  are 
rarely  assisted  by  our  arms,  but  often  enough  by  subsidies  from 
us,  which  are  no  less  efficacious. 

Xlylll.  Back  of  the  Marcomani  and  Quadi  the  Marsigni, 
Cotijii,  Osi  and  Buri  close  up  the  rear.  Of  these  the  Marsigni  and 
Buri  from  their  language  and  mode  of  life  are  reckoned  among 
the  Suebi.  The  Gallic  speech  of  the  Cotini  and  the  Pannonian 
language  of  the  Osi  prove  that  they  are  not  Germans,  as  does  the 
fact  that  they  submit  to  tribute.  A  part  of  this  tribute  is  laid  by 
the  Quadi  as  upon  an  alien  race,  a  part  by  the  Sarmatians. 
What  makes  it  a  more  shameful  position  for  the  Cotini  is  that 
they  work  iron  mines.  All  these  people  occupy  but  little  level 
country,  but  rather  the  forests  and  the  summits  of  the  mountains. 
For  Suebia  is  divided  and  cut  in  two  by  a  continuous  mountain 
range,  beyond  which  dwell  a  great  many  tribes.  Among  these 
the  name  of  Lugii  is  most  widely  used  and  is  spread  over  man}' 
states.  It  is  sufficient  to  name  the  most  powerful,  the  Harii 
Helveconce,  Monimi,  Elisii  and  Nahanarvali.  In  the  land 
of  these  last  people  is  found  a  grove  sacred  to  an  ancient 
worship  over  which  presides  a  priest  in  female  attire.  But  the 
gods  are  called  according  to  the  Roman  interpretation  Castor  and 
Pollux.  Such  at  least  are  the  attributes  of  their  divinity,  though 
they  use  the  name  Alcis.1  They  have  no  images.,  nor  is  there 
any  trace  of  non- German  superstition,  but  they  are  venerated 
under  the  form  of  youths  and  brothers.  The  Harii,  however,  not 
only  surpass  the  tribes  above  mentioned  in  strength,  but  fierce  as 
they  are,  add  to  the  effect  of  their  innate  wildness  by  art  and 
opportunity.  Their  shields  are  black,  their  bodies  painted. 
They  choose  the  darkest  nights  for  their  forays,  and  by  their  very 
appearance,  terrific  and  shadowy,  they  strike  the  terror  of  an 
army  of  spectres  on  their  foes,  who  cannot  sustain  their  strange 
and  hellish  aspect.  For  in  battle  it  is  the  eye  that  is  first  van- 
quished. 

XLJV.  Beyond  the  Lugii  dwell  the  Gotones,  whose  kings 
govern  them  at  present  rather  more  strictly  than  is  the  case  with 
the  other  German  tribes,  though  not  yet  in  such  a  way  as  to  over- 
power  freedom.     Immediately   bordering  on  the  ocean  are  the 

1  Whether  this  form  is  dative  plural  or  nominative  singular  or  plural  is  a 
disputed  point 


CONCERNING   GERMANY.  25 

Rugii  and  Lemovii.  The  round  shield  and  short  sword  distinguish 
all  these  tribes,  and  they  obey  kings. 

Further  north,  in  the  very  midst  of  the  ocean,  dwell  the  tribes 
of  the  Suiones,  whose  strength  lies  in  ships  as  well  as  in  men  and 
arms.  The  form  of  their  vessels  is  peculiar  in  this  respect  that 
their  double  prows  make  it  possible  for  them  to  be  always  run 
ashore  either  end  first.  They  do  not  employ  sails,  nor  are  the 
oars  fixed  to  the  side  so  as  to  form  a  regular  row.  As  is  the  case 
in  some  rivers,  the  oars  are  loose  and  can  be  changed  to  any 
position  as  occasion  demands.  These  people  pay  respect  to  wealth 
also,  and  they  are  therefore  ruled  by  one  man  with  unlimited 
power,  as  his  claim  to  obedience  does  not  rest  on  mere  sufferance. 
Arms  are  not  to  be  found  in  every  man's  hands,  as  among  the 
other  Germans,  but  are  kept  locked  up  in  charge  of  a  keeper,  a 
mere  slave,  because  the  ocean  prevents  any  sudden  hostile  inva- 
sion, while  armed  men  with  nothing  to  do  easily  get  into  trouble. 
And  certainly  it  is  a  piece  of  royal  policy  not  to  place  a  noble  or 
a  free-born  man,  nor  even  a  freedman,  in  charge  of  the  arms. 

XLV.  Beyond  the  Suiones  is  another  sea,  sluggish  and  almost 
motionless,  by  which  the  circle  of  the  earth  is  believed  to  be 
bound  and  enclosed,  for  the  reason  that  the  last  gleam  of  the 
setting  sun  lingers  till  sunrise  so  bright  that  the  stars  are  dimmed. 
They  would  persuade  us  moreover  that  the  sound  of  the  sun  at 
its  rising  can  be  heard,  and  the  forms  of  his  horses  and  the  radi- 
ance about  his  head  be  seen.  Up  to  this  point  only  (and  here 
we  may  believe  the  report)  does  the  world  extend.  Therefore,  to 
go  back,  close  on  the  right  shore  of  the  Suebic  sea  the  tribes  of 
the  Aestii  are  washed  by  its  waters.  Their  customs  and  outward 
appearance  are  those  of  the  Suebi,  but  their  language  is  like  that 
of  Britain.  They  worship  the  mother  of  the  gods,  and  wear  as 
the  symbol  of  their  cult  the  figure  of  a  wild  boar.  This  serves 
for  arms  and  for  universal  protection,  and  renders  the  votary  of 
the  goddess  secure  even  among  enemies.  The  people  generally 
use  clubs  for  weapons  as  iron  is  rare.  They  cultivate  grain  and 
other  produce  more  perse veringly  than  is  usual  with  the  lazy 
Germans.  But  they  also  search  the  deep  and  are  the  only  Ger- 
mans to  hunt  beneath  the  waves  and  on  the  shore  for  amber, 
which  they  themselves  call  glaesum.  Being  barbarians,  they  do 
not  seek  to  find  out  what  process  of  nature  produced  it.  Nay,  it 
even  lay  a  long  time  unused  among  the  other  refuse  on  shore  until 


26  TRANSLATIONS   AND   REPRINTS. 

our  luxury  gave  it  a  value.  They  make  no  use  of  it.  It  is  found 
and  brought  to  us  in  rude  and  shapeless  masses,  and  they  wonder 
at  our  paying  a  price  for  it.  However,  it  is  known  to  be  the  gum 
of  trees,  because  certain  creeping  and  winged  creatures  often 
appear  in  it  which,  having  been  caught  in  these  juices,  were 
enclosed  by  them  when  they  afterwards  grew  hard.  As  in  the 
remote  regions  of  the  East  there  are  more  productive  trees  from 
which  frankincense  and  balm  exude,  so  I  am  disposed  to  believe 
that  in  the  islands  and  mainland  of  the  West  there  are  substances 
which,  acted  upon  by  the  rays  of  the  nearby  sun,  flow  into  the 
neighboring  sea  and  are  cast  up  by  the  force  of  storms  on  the 
opposite  shore.  If  you  test  the  qualities  of  amber  by  putting  a 
fire  to  it,  it  burns  up  like  pine  and  gives  a  rich  and  fragrant  flame; 
then  it  dissolves  into  a  sort  of  pitch  or  resin. 

The  Sitonian  tribes  are  adjacent  to  the  Suiones.  Like  the  latter 
in  other  respects,  they  yet  differ  in  one  way,  for  they  are  ruled  by 
a  woman;  so  far  do  they  fall  below  the  condition  not  only  of  free- 
men, but  even  of  slaves. 

XLVL  Here  Suebia  ends.  As  to  the  Peucini,  the  Venedi  and 
the  Fenni,  I  am  uncertain  whether  to  count  them  among  the  Ger- 
mans or  Sarmatians,  although  the  Feucini,  who  are  sometimes 
called  Bastar?icz,  resemble  the  Germans  in  their  language  and 
manners,  and  in  their  mode  of  settlement  and  building  houses. 
They  all  have  a  filthy  appearance,  and  indolence  is  a  character- 
istic of  their  leading  men.  On  account  of  intermarriage  with  the 
Sarmatians  they  are  becoming  somewhat  degraded  to  their  like- 
ness. The  Venedi  have  assimilated  many  of  the  Sarmatian 
customs,  for  they  wander  in  plundering  bands  over  such  forests 
and  mountains  as  are  to  be  found  between  the  Feucini  and  the 
Fenni.  Still  they  are  rather  to  be  reckoned  among  the  Germans, 
for  they  build  permanent  dwellings,  carry  shields,  and  employ 
foot-soldiers  in  whose  swiftness  they  place  their  trust.  In  all 
these  points  they  differ  from  the  Sarmatians,  who  live  in  wagons 
and  on  horse-back.  The  characteristics  of  the  Fenni  are  their 
strange  savagery  and  their  sordid  poverty.  They  have  neither 
arms  nor  horses  nor  household  gods.  Their  food  is  herbs, 
their  garments,  skins,  their  couch,  the  ground.  Their  only 
wealth  consists  of  arrows,  which  for  lack  of  iron  they  point  with 
bones.  Hunting  furnishes  food  for  the  men  and  the  women 
alike.     The  women   accompany    the   men   everywhere   and   lay 


CONDUCT  OF  THE   GERMAN   GUARDS.  27 

claim  to  a  portion  of  the  prey.  The  children  have  no  other  pro- 
tection against  storms  and  wild  beasts  than  a  covering  formed  by 
weaving  the  branches  of  trees  loosely  together.  Hither  the 
youths  return  from  the  hunt,  here  the  old  find  a  refuge.  But 
they  consider  this  a  happier  life  than  to  sweat  in  the  fields,  to  toil 
over  house-building,  or  to  traffic  with  their  own  or  others'  fort- 
unes in  the  midst  of  hope  and  fear.  With  nought  to  fear  from 
gods  or  men,  they  have  attained  that  difficult  position  that  they 
have  no  wishes  to  gratify.  From  this  point  on  all  is  fabulous,  as 
that  the  Hellusii  and  the  Oxiona  have  the  faces  and  the  looks  of 
men,  but  the  bodies  and  limbs  of  wild  beasts,  a  story  that  I  leave 
without  comment,  as  I  have  no  certain  knowledge  regarding  it. 

III.  JOSEPHUS. 

Flavius  Joseph  us,  born  about  37,  died  after  100  A.  D.,  was  a  Jew  of  a  dis- 
tinguished priestly  family  who  took  part  in  the  great  uprising  in  Judaea 
against  the  Romans  66-70  A.  D.  He  was  captured  by  Vespasian  and  his 
life  being  spared  he  became  the  latter's  client.  The  remainder  of  his  life 
was  spent  in  Rome,  where  he  wrote  a  history  of  the  late  Jewish  war  in  seven 
books,  a  work  on  Jewish  antiquities  in  twenty  books,  and  various  minor 
works.  The  best  edition  of  his  writings,  which  were  composed  in  Greek  or 
translated  into  that  language  from  the  Hebrew,  is  that  of  Niese,  Berlin,  1895. 
There  is  no  satisfactory  English  translation,  that  of  Whiston  being  almost 
worthless. 

CONDUCT  OF  THE   GERMAN  GUARDS  ON  THE  MURDER 
OF  CALIGULA. 

Antiq.Jud.  Lib.  XIX.  c.  I.  \\  15,  17,  18.  {Greek.) 
I5  *  *  *  /phe  Germans  were  the  first  to  hear  of  Gams' 
assassination.  These  were  the  Emperor's  body  guard,  who  took 
their  name  from  the  people  from  whom  they  were  recruited,  and 
were  known  as  the  Celtic  legion.  It  is  their  nature  to  yield  with- 
out restraint  to  the  passion  of  the  moment,  a  trait  that  they  share 
in  common  with  other  barbarians,  who  take  little  thought  of  what 
they  are  about  to  do.  Of  great  strength  and  wild  courage,  they 
do  not  hesitate  to  begin  an  attack  on  their  enemies,  and  wherever 
they  make  their  onslaught  they  perform  mighty  deeds.  Now 
when  these  heard  of  Gams'  murder  they  were  filled  with  grief, 
since  they  did  not  judge  him  according  to  his  merits  but  by  the 
benefits  they  had  received ;  for  he  had  purchased  great  favor  in 
their  eyes  by  his  frequent  largesses.     So  drawing  their  swords 


28  TRANSLATIONS  AND   REPRINTS. 

they  rushed  through  the  palace  searching  for  the  murderers 
of  the  Caesar  under  the  leadership  of  their  tribune  Sabinus,  a  man 
who  had  attained  that  position  not  through  his  own  or  his 
ancestors'  merits  (for  he  had  been  a  gladiator),  but  because  of  his 
great  bodily  strength.  The  first  man  they  met  was  Asprenas,  on 
whose  garments,  as  I  have  said  above,  the  blood  of  the  sacrificial 
offering  had  spurted,  and  so  marked  him  out  as  one  about  to  meet 
misfortune.  Him  they  cut  to  pieces.  The  next  they  came  upon 
was  Norbanus,  one  of  the  most  distinguished  of  the  citizens,  a 
man  who  numbered  many  generals  among  his  ancestors.  Since 
his  rank  won  him  no  consideration,  he  made  use  of  his  great 
strength.  Springing  at  the  man  who  first  attacked  him,  he 
wrenched  the  sword  from  him,  determined  to  sell  his  life  as  dearly 
as  possible.  Finally  he  was  surrounded  by  the  maddened  throng 
and  fell  pierced  with  many  wounds.  The  third  man  was  the 
senator  Anteius,  who  fell  in  with  the  Germans,  not  by  chance  as 
the  others  had  done,  but  led  there  by  the  desire  of  feasting  his 
eyes  on  the  lifeless  corpse  of  Gaius  in  order  to  show  his  hatred. 
For  the  Emperor  had  driven  the  father  of  Anteius,  who  bore  the 
same  name,  into  exile,  and  not  content  with  that  had  sent  out 
soldiers  to  put  him  to  death.  For  this  reason  Anteius  had  now 
come  to  enjoy  the  spectacle.  Since,  however,  the  palace  was  in 
such  turmoil,  he  thought  to  conceal  himself  in  a  dark  recess;  but 
he  did  not  escape  the  Germans,  who  searched  every  place  care- 
fully and  slew  with  equal  savageness  the  guilty  and  the  innocent. 
Thus  perished  these  men. 

17.  But  when  the  German  guard  surrounded  the  theatre  with 
drawn  swords,  the  spectators  all  feared  for  their  lives,  and  at  the 
entrance  of  any  one,  whoever  he  might  be,  they  began  to  tremble 
as  though  at  that  very  instant  they  felt  the  blade  at  their  throats. 
They  were  in  great  doubt  what  to  do,  not  daring  to  go  out  and 
yet  believing  it  very  dangerous  to  remain  longer  in  the  theatre. 
So  when  the  Germans  finally  broke  into  the  place,  the  air  was 
filled  with  their  cries.  They  begged  the  soldiers  for  their  lives, 
protesting  that  they  were  ignorant  of  all  that  had  transpired, 
that  they  knew  nothing  of  the  plans  that  had  been  laid  for 
starting  an  insurrection,  if  indeed  there  was  an  insurrection,  that 
they  were  ignorant  of  all  that  had  happened.  The  soldiers  should, 
therefore,  spare  them,  nor  inflict  the  penaltx  of  other  people's 


CONDUCT   OF   THI5   GERMAN   GUARDS.  29 

crimes  on  those  who  were  free  from  all  guilt.  They  should  allow 
inquiry  to  be  made  as  to  who  had  done  the  deed,  whatever  that 
deed  might  be.  This  and  much  more  to  the  same  effect  the  crowd 
uttered,  crying  out  and  beating  their  breasts,  weeping  and  calling 
on  the  gods  as  their  imminent  danger  urged.  They  spoke  as  one 
does  who  is  engaged  in  a  last  struggle  for  life.  On  hearing  these 
outcries  the  fury  of  the  soldiers  was  appeased  and  they  repented 
of  what  they  had  in  mind  to  do  to  the  spectators;  for  it  was  a 
ghastly  sight,  and  so  seemed  even  to  them  in  their  wild  rage, 
when  the  heads  of  Asprenas  and  those  who  had  perished  with 
him  were  placed  on  the  altar.  *  *  *  * 

18.  There  was  a  certain  man  called  Arruntius,  a  crier  of  goods 
and  therefore  of  loud,  sonorous  voice,  who  in  his  wealth  equalled 
the  richest  of  the  Romans,  and  who  in  whatever  he  wished  had 
very  great  influence  in  the  city  both  at  that  time  and  afterwards. 
This  man  having  composed  his  countenance  to  grief  as  much  as 
he  was  able  (for,  though  he  was  the  most  hostile  of  all  toward 
Gaius,  he  hid  his  feelings  in  order  to  do  what  fear  and  cunning 
suggested  as  necessary  to  his  safety),  assumed  the  garments  of 
mourning  as  is  customary  on  the  death  of  a  beloved  friend,  and 
proceeded  to  the  theatre.  Here  he  announced  the  death  of  Gaius, 
not  suffering  the  crowd  to  remain  longer  in  ignorance  of  what  had 
happened.  Then  Arruntius  made  the  round  of  the  arena, 
addressing  the  soldiers,  while  their  tribunes  who  were  accom- 
panying him  ordered  them  to  sheathe  their  swords  and  confirmed 
the  news  of  Gaius'  death.  This  rescued  from  danger  those  who 
were  assembled  there  in  the  theatre  as  well  as  all  who  had  by  any 
chance  fallen  into  the  hands  of  the  Germans.  For  while  they  still 
cherished  the  hope  that  Gaius  might  yet  be  alive,  no  violence  was 
too  great  for  them  to  commit.  So  great  was  their  devotion  to 
him  that  they  would  have  been  content  even  to  give  up  their  lives 
if  only  the}'  might  have  protected  him  from  plots  and  treachery 
and  shielded  him  from  so  grave  a  calamity.  When  they  had  been 
convinced,  however,  of  Gaius'  death,  they  immediately  stilled 
their  wild  outbreak,  not  only  because  their  devotion  and  eagerness 
were  no  longer  of  any  profit  to  them  since  he  was  now  dead  who 
would  have  rewarded  them,  but  also  because  they  feared  that  if 
they  continued  to  do  injury  to  those  about  them  they  would  fall 
under  the  censure  of  the  Senate  in  case  the  administration  of 
affairs  fell  to  that  body.     And  so  at  length,  though  with  difficulty, 


30  TRANSLATIONS  AND   REPRINTS. 

was  the  madness  that  had  fallen  upon  the  Germans  at  the  news 
of  Gams'  murder  brought  to  an  end. 


IV.  AMMIANUS  MARCELUNUS. 

Ammianus  Marcellinus,  died  subsequent  to  380  A.  D.,  was  a  native  of 
Antioch.  He  was  for  many  years  an  officer  in  the  Roman  army,  where  he 
gained  considerable  distinction,  serving  in  Gaul  as  well  as  in  the  East.  He 
was  a  friend  and  admirer  of  the  Emperor  Julian  and  accompanied  the  latter 
on  his  last  Persian  expedition.  Not  long  after  Julian's  death  Ammianus  re- 
tired from  the  army  and  devoted  himself  to  writing  a  continuation  of  the 
Histories  of  Tacitus  which  he  called  Rerum  gestarum  libri,  extending  from 
the  beginning  of  Nerva's  reign,  96  A.  D.,  to  the  death  of  Valens,  378.  The 
first  thirteen  books  down  to  353  have  been  lost,  but  the  remaining  eighteen 
give  a  very  vivid  picture  of  the  rapid  dissolution  of  the  empire.  This  con- 
temporary account  is  the  most  valuable  source  for  the  history  of  the  period 
that  has  come  down  to  us.  Gibbon  on  reaching  the  reign  of  Theodosius 
remarks  of  him,  "  It  is  not  without  the  most  sincere  regret  that  I  must  now 
take  leave  of  an  accurate  and  faithful  guide,  who  has  composed  the  history 
of  his  own  times  without  indulging  in  the  prejudices  and  passions  which 
usually  affect  the  mind  of  a  contemporary."  Owing  probably  to  the  fact 
that  Greek  was  his  native  tongue,  the  Latin  of  Ammianus  is  difficult  to 
translate,  in  places  being  almost  unintelligable.  A  good  edition  is  that  of 
Gardthausen,  Leipzig,  1874.  There  is  a  fair  translation  by  Yonge  in  the 
Bonn's  series,  while  the  portion  relating  to  the  Germans  is  given  by  Coste 
in  the  Geschichtsschreiber. 

DESCRIPTION  OF  A  BA  TTLE  BETWEEN  JULIAN  AND  THE 
ALAMANNI  NEAR  STRASSBURG,  IN  357  A.  D. 

Lib.  XVI.,  xii.  20-62  {Latin). 
20.  When  our  leaders  perceived  the  enemy  already  forming 
themselves  into  a  compact  wedge,  the3r  came  to  a  halt  and  drew 
up  the  Antepilani,  Hastati  and  Primi  oi'dinum  like  a  solid  wall. 
With  equal  caution  the  wedge-shaped  mass  of  the  enemy  held 
their  ground.  21.  And  when  they  saw  all  the  cavalry  drawn  up 
against  them  on  our  right  wing  just  as  the  deserter  I  have  pre- 
viously mentioned  had  told  them,  they  placed  such  cavalry  force 
as  they  had  in  a  dense  body  on  their  left  wing.  Scattered 
among  them  were  foot-soldiers,  light  and  active  men  fitted  for  the 
work  they  had  to  do.  22.  For  they  knew  that  in  a  fight  with 
our  heavy  cuirassiers,  protected  as  they  are  by  iron  plates,  hold- 
ing reins  and  shield  in  one  hand  and  wielding  the  spear  with  the 
other,  their  horsemen,  however  skillful,  had  no  chance  of  success; 


BATTLE   BETWEEN  JULIAN   AND  THE   ALAMANNI.  31 

but  a  footman  in  the  midst  even  of  the  greatest  turmoil  of  battle, 
while  each  man  is  paying  attention  only  to  what  is  immediately 
before  him,  can  creep  along  unseen,  stab  the  horse  in  the  side, 
and  bring  the  incautious  rider  to  the  ground  where  it  is  an  easy 
matter  to  finish  him.  23.  With  their  forces  thus  disposed  on  the 
left,  they  stationed  their  right  wing  in  a  secret  ambush.  All 
these  fierce  and  warlike  peoples  were  led  by  Chonodomar  and 
Serapio,  who  excelled  the  other  kings  in  power.  24.  Chonodo- 
mar indeed  was  the  instigator  of  the  whole  nefarious  war.  Above 
his  head  waved  a  flaming  plume  of  hair.  Fierce  in  aspect  and 
trusting  in  the  mighty  strength  of  his  arm  he  strode  up  and  down 
before  the  left  wing  where  the  hottest  fighting  was  to  be  looked 
for.  Splendid  as  a  foaming  war-horse  he  brandished  a  spear  of 
tremendous  length  and  was  to  be  distinguished  from  the  others 
by  the  gleam  of  his  arms.  He  was  known  as  a  vigorous  soldier 
and  as  a  leader  skillful  beyond  all  his  compatriots.  25.  The 
right  wing  was  led  by  Serapio,  a  youth  on  whose  cheeks  the  down 
was  just  beginning  to  sprout,  but  of  courage  surpassing  his  years. 
He  was  the  son  of  Mederich,  Chonodomar' s  brother,  a  most 
treacherous  man  during  his  lifetime.  Serapio  was  so-called  be- 
cause his  father  who  had  been  held  for  a  long  time  in  Gaul  as  a 
hostage  had  there  learned  certain  Greek  mysteries  and  so  changed 
his  son's  name  from  Agenarch,  which  he  had  been  called  at  birth, 
to  Serapio.  26.  There  followed  these  two  leaders,  according  to 
rank,  5  kings,  10  princes,  a  long  list  of  nobles  and  35,000  armed 
men  of  various  tribes,  part  of  whom  served  for  pay,  part  on 
account  of  agreements  of  mutual  support. 

27.  And  now  to  the  loud  blare  of  the  trumpets  the  Roman  gen- 
eral Severus,  who  commanded  the  left  wing,  advanced  close  to 
the  ditches  filled  with  armed  men  whence  the  concealed  enemy 
had  arranged  to  burst  suddenly  out  and  throw  everything  into 
confusion.  Here  he  fearlessly  halted,  for  he  had  a  suspicion  of 
the  ambush,  and  did  not  attempt  either  to  fall  back  or  to  advance 
further.  28.  The  Caesar  observed  this  as,  unruffled  by  the 
greatest  exertions,  he  moved  here  and  there  surrounded  by  200 
horsemen  wherever  the  hardest  fighting  demanded.  Riding  along 
the  lines  of  foot  soldiers  at  a  rapid  pace  he  exhorted  them  with 
encouraging  words.  *  *  *  34.  Having  thus  encouraged  his 
soldiers  he  drew  up  the  greater  part  of  the  army  opposite  the  first 
battle  line  of  the  barbarians.     Then  there  suddenly  arose  among 


32  TRANSLATIONS  AND   REPRINTS. 

the  footmen  of  the  Alamanni  a  loud  and  threatening  outcry  in 
which  they  demanded  with  one  voice  that  their  princes  should 
dismount  from  their  horses  and  fight  on  foot  with  the  rest,  so  that 
if  the  army  were  defeated  they  might  not  have  an  easy  means  of 
escape  while  the  common  people  were  deserted  and  left  to  their 
fate.  35.  As  soon  as  Chonodomar  heard  this  he  sprang  at  once 
from  his  steed  and  the  others  following  his  example  hastened  to 
do  likewise,  for  not  one  of  them  doubted  but  that  their  side  would 
be  victorious.  36.  Thereupon  with  a  stately  flourish  of  trumpets 
the  signal  to  open  the  battle  was  given  on  both  sides  and  the 
great  mass  of  men  rushed  at  each  other.  Missile  weapons  flew  in 
every  direction  and  then  the  Germans  in  feverish  haste,  without 
stopping  for  further  consideration,  threw  themselves  upon  the 
ranks  of  our  cavalry,  brandishing  their  spears  in  their  right  hands. 
With  terrible  outcries  they  came  on,  their  bristling  hair  as  it 
flowed  in  the  wind  making  their  appearance  more  savage  than 
ever,  and  the  fury  of  battle  gleaming  in  their  eyes.  Our  soldiers 
on  the  other  hand  stood  firm  holding  their  shields  to  protect  them- 
selves against  the  attack,  and  drawing  their  swords  or  shaking 
their  spears  they  threatened  death  to  the  enemy.  37.  In  the  very 
midst  of  the  onset  the  cavalry  bravely  assumed  squadron  forma- 
tion, while  the  foot  guarded  their  own  flanks  with  firmness  and 
protected  their  front  by  a  wall  of  shields  in  a  way  that  showed 
their  careful  training.  The  dust  arose  in  thick  clouds  as  the 
struggling  masses  now  resisting,  now  giving  way,  swayed  here 
and  there.  Some  of  the  barbarians,  the  most  expert  of  their 
warriors,  knelt  down  and  sought  to  receive  the  attack  of  the 
enemy  in  this  way,  but  the  mighty  rush  of  men  bore  them  on  to  a 
hand  to  hand  encounter.  Shield  smote  against  shield  and  the 
welkin  rang  with  the  exultant  shouts  of  the  conquering  and  the 
groans  of  the  fallen.  Our  left  pushing  forward  had  by  its  fierce 
onslaught  forced  back  the  German  lines  and  was  advancing  with 
loud  shouts  against  the  barbarians,  when  the  cavalry  who  held 
the  right  wing  were  seen,  contrary  to  all  expectation,  to  be  re- 
treating in  confusion,  the  first  ranks  falling  back  and  throwing 
those  behind  into  disorder,  until  they  finally  reformed  behind  the 
center  of  the  legions  and  renewed  the  battle.  38.  This  panic  was 
due  to  the  fact  that  the  cuirassiers  while  their  lines  were  being 
arranged  for  the  attack  had  their  leader  slightly  wounded  and 
also  perceived  one  of  their  number  overcome  by  the  weight  of  his 


BATTLE   BETWEEN  JULIAN   AND  THE  ALAMANNI.  33 

armor  fall  over  the  neck  of  his  horse.  This  threw  them  into  a 
panic,  and  fleeing  in  every  direction  they  trampled  on  the  foot- 
soldiers  and  would  have  thrown  everything  into  confusion  had 
not  these  closed  up  and  stood  firm  in  a  compact  body.  When  the 
Caesar  saw  the  cavalry  intent  on  nothing  but  safety,  he  spurred 
his  horse  to  meet  them  and  checked  their  flight.  39.  He  was 
recognized  by  the  purple  dragon-flag  floating  from  the  point  of  a 
long  lance,  which  looked  like  the  skin  of  an  actual  dragon.  The 
tribune  of  one  of  the  squadrons  seeing  this,  halted  in  fear  and 
trembling  and  turning  galloped  back  to  reform  the  line.  40.  As 
he  was  accustomed  to  do  in  such  crises  the  Caesar  upbraided 
them  though  not  harshly  and  rallied  the  troops.     *     *      *      * 

42.  The  Alamanni  having  thus  defeated  and  driven  back  our 
cavalry  rushed  upon  the  first  line  of  the  infantry,  thinking  to 
overwhelm  it  without  much  resistance.  43.  It  came  to  hand-to- 
hand  fighting  and  for  a  long  time  the  battle  raged  without  de- 
cisive results.  For  our  Cornuti  and  Bracchiati,  approved  veterans 
of  many  a  battle,  already  terrifying  enough  in  aspect,  raised  their 
awful  barritum  or  war-cry,  which,  rising  in  the  fury  of  battle, 
increases  gradually  from  a  low  growling  sound  till  it  rolls  like 
the  dashing  of  mighty  waves  on  a  rock-bound  coast.  Here  and 
there  flew  the  whizzing  javelins  till  the  air  was  thick  with  them, 
and  the  dust  rose  in  clouds  hiding  everything  from  view.  Sword 
clashed  with  sword  and  breast  pressed  against  breast.  44.  In 
blind  wrath  the  wild  and  disorderly  mob  of  barbarians  threw 
themselves  on  the  close-bound  wall  of  shields  that  protected  our 
men  in  the  form  of  a  testudo,  and  hewed  their  way  through  it  with 
tremendous  sword-strokes.  45.  When  they  perceived  this  our 
allies,  the  Batavians,  led  by  their  kings,  came  on  a  run  to  the  aid 
of  their  companions,  chanting  theirfierce  war-song.  They  were  a 
formidable  body  of  troops  fitted  to  snatch  victory  from  the  very 
jaws  of  defeat,  and  the  contest  went  on  with  renewed  vigor.  46. 
But  the  Alamanni  dashed  headlong  into  the  fight  with  fury 
gleaming  in  their  faces,  threatening  to  annihilate  whatever  was 
opposed  to  them.  Darts  and  javelins  and  iron-pointed  arrows 
filled  the  air,  and  now  at  close  quarters  the  sword  was  drawn  and 
corselet  and  breast-plate  gave  forth  the  life-blood  of  the  soldiers 
as  the  keen  blades  pierced  them.  Even  the  wounded  who  had 
any  strength  remaining  raised  themselves  from  the  ground  and 
continued  the  contest.     47.  The  two  sides  were  about  evenly 


34  TRANSLATIONS  AND   REPRINTS. 

matched,  the  Alamanni  being  robust  and  of  great  stature,  our 
men  trained  in  the  use  of  arms ;  they  wild  and  violent,  ours  cool 
and  cautious ;  the  barbarians  trusting  in  their  overwhelming 
strength  of  body,  the  Roman  troops  in  their  courage.  48. 
Wherever  a  Roman,  embarrassed  by  the  weight  of  his  armor,  was 
driven  back  he  sought  to  regain  the  lost  ground ;  and  when  a 
barbarian  became  exhausted  he  sank  down  on  his  left  knee  and 
during  the  pause  taunted  and  reviled  his  enemy, — truly  a  sign  of 
the  utmost  temerity.  49.  And  now  from  the  ranks  of  the  Ger- 
mans there  came  suddenly  bounding  forward  an  eager  band  of 
nobles  among  whom  were  to  be  seen  even  kings,  and  followed 
by  the  crowd  they  broke  through  our  lines  and  hewed  their  way 
clear  to  the  legion  of  the  Primarii  wrho  occupied  the  very  key  of 
our  position  at  the  center  of  the  camp  known  as  the  castra 
praetoria.  Here  our  close-packed  ranks  taking  heart  rallied  and 
stood  firm  as  a  tower.  They  fought  with  skill,  carefully  protect- 
ing themselves  from  wounds  after  the  manner  of  the  Gallic 
gladiators,  while  the  barbarians,  who  in  the  wild  rage  and  mad- 
ness of  battle  recklessly  exposed  their  naked  bodies,  fell  in  great 
numbers  by  our  swords. 

50.  In  their  invincible  determination  to  break  through  the 
living  bulwark  of  our  lines  they  threw  away  their  lives  without 
an  instant's  hesitation.  The  dead  lay  in  serried  ranks  beneath 
the  blows  of  the  Romans,  who  had  now  recovered  spirit,  but  their 
places  were  filled  at  once  by  the  survivors,  though  the  groans  of 
the  dying  filled  them  with  horror.  51.  At  last  overcome  by  their 
exertions  and  their  losses  they  thought  only  of  escape  and  fled  in 
panic  through  the  various  paths  and  by-ways,  just  as  sailors 
driven  about  by  winds  on  the  sea  seek  safety  from  the  storm. 
But  any  one  who  was  present  might  have  seen  that  safety  was 
something  they  were  more  likely  to  hope  for  than  to  attain.  *  *  * 

58.  While  these  events  were  transpiring  King  Chonodomar 
found  an  opportunity  to  escape  through  the  heaps  of  the  slain 
and  hastened  with  a  few  followers  to.vards  the  camp  which  he 
had  had  the  temerity  to  establish  between  the  Roman  towns  of 
Tribunci  and  Concordia.  Here  he  had  concealed  boats  by  means 
of  which  he  had  planned  to  escape  across  the  river  in  case  of  such 
a  misfortune  as  this.  59.  Since  he  must  cross  the  Rhine  in  order 
to  get  back  to  his  own  kingdom,  he  withdrew  slowly  from  the 
battlefield,  concealing  his  face  that  he  might  not  be  recognized. 


BATTLE   BETWEEN  JULIAN  AND  THE  ALAMANNI.  35 

When  he  was  near  the  banks,  as  he  was  skirting  a  swampy  place 
so  as  to  come  to  the  crossing,  his  horse  slipped  in  the  soft  ground 
and  threw  him.  As  fast  as  his  great  weight  permitted  he 
hastened  to  the  protection  of  a  neighboring  hill.  Being  recog- 
nized by  the  insignia  of  his  rank,  a  tribune  who  had  followed  him 
closely  with  a  cohort  of  troops  immediately  surrounded  the  hill, 
which  was  wooded,  and  arranged  his  men  so  as  to  make  it  impos- 
sible for  any  one  to  escape  through  the  undergrowth.  60.  Seeing 
this  Chonodomar  overcome  by  despair  came  forth  and  gave  him- 
self up.  With  him  were  his  200  followers,  among  them  three 
sworn  blood-friends  to  whom  it  was  considered  an  eternal  dis- 
grace to  survive  their  king  or  not  to  die  for  him  if  the  occasion 
demanded  it.  These  also  surrendered  themselves  as  conquered 
men.  61.  And  so,  as  is  the  nature  of  barbarians,  who  are  humble 
in  misfortune,  haughty  in  success,  the  king  was  dragged  along, 
the  slave  of  another's  will.  Pallid  with  fear,  his  mouth  closed  by 
the  knowledge  of  his  crimes,  how  different  a  man  was  he  from 
that  one  whose  deeds  had  filled  Gaul  with  sorrow  and  terror,  and 
who  had  threatened  the  land  with  fire  and  swordi 

ROMAN  POLICY  TOWARDS  THE  GERMANS,    370  A.  D. 
Liber  XXVIII.,  v.,  1-9. 

1.  In  the  third  consulate  of  the  Emperor  Valentinian  a  large 
band  of  Saxons  came  over  the  ocean  and  made  an  attack  on  the 
Roman  boundary  wall,  laying  waste  the  country  with  fire  and 
sword.  The  first  shock  of  this  invasion  was  borne  by  Count 
Nannenus,  the  commander  in  that  region,  a  careful  and  exper- 
ienced veteran.  2.  But  he  had  to  do  with  a  people  who  knew 
not  the  fear  of  death,  and  after  he  had  iost  a  number  of  soldiers 
and  had  been  himself  wounded  he  had  to  admit  himself  unequal 
to  carrying  on  the  continuous  strife.  The  Emperor  having  been 
informed  of  his  necessity,  Severus,  the  magister  peditum,  was 
allowed  to  come  to  his  assistance.  3.  When  he  arrived  with  a 
force  sufficient  for  the  occasion  and  had  drawn  his  troops  up  for 
battle  the  barbarians  were  so  terrified  that  they  did  not  dare  risk 
an  engagement,  but  awed  by  the  splendor  of  the  eagles  and  the 
battle  standards,  they  sued  for  peace.  4.  Since  this  seemed  to  be 
for  the  best  interests  of  the  state,  a  treaty  was  agreed  upon  after  a 
long  discussion,  whereby  the  Saxons  were  to  furnish  a  large 
contingent  of  their  warlike  youth  to  serve  under  our  standards 


36  TRANSLATIONS   AND   REPRINTS. 

while  the  remainder  were  allowed  to  depart,  though  without  any 
plunder,  and  return  whence  they  had  come.  5.  And  when  their 
minds  were  now  relieved  of  all  anxiety  and  they  were  preparing 
to  set  out  for  home,  a  force  of  infantry  was  sent  forward  and 
quietly  placed  in  ambush  in  a  certain  deep  valley  from  which  they 
were  to  make  an  attack  on  the  barbarians  as  the  latter  passed  by 
and  so  destroy  them,  as  it  was  supposed,  without  difficulty.  But 
it  turned  out  very  differently  from  what  was  hoped.  6.  For  at  the 
noise  of  their  approach  certain  of  the  Romans  in  their  excitement 
sprang  forth  too  quickly,  and  no  sooner  were  they  seen  than  the 
barbarians  with  fearful  whoops  and  yells  made  for  them  and 
overthrew  them  before  they  could  form  to  resist  the  attack.  Still 
our  men  drew  quickly  together  in  a  circle  and  held  their  ground 
with  the  courage  of  despair.  Many  however  were  killed,  and 
they  would  certainly  have  fallen  to  the  last  man  had  not  the 
tumult  been  heard  by  a  squadron  of  our  heavy  cuirassiers 
similarly  placed  at  a  fork  of  the  road  to  attack  the  passing 
barbarians  from  the  other  side.  These  hastened  to  the  rescue. 
7.  Then  the  battle  raged  fiercely.  The  Romans  with  renewed 
courage  rushed  in  on  all  sides,  surrounded  the  enemy  and  cut 
them  down  with  the  sword.  None  of  them  ever  saw  again  their 
native  home.  Not  even  a  single  one  was  allowed  to  survive  the 
slaughter  of  his  comrades.  An  upright  judge  might  accuse  us  of 
baseness  and  perfidy  in  this  affair,  yet  when  one  thinks  the 
matter  over  one  must  admit  that  it  was  a  just  fate  for  a  band  of 
robbers  to  be  thus  destroyed  when  the  opportunity  was  given  us. 
8.  Though  this  affair  had  been  so  happily  carried  out,  Valen- 
tinian  continued  to  feel  much  anxiety  and  solicitude,  turning 
over  many  projects  in  his  mind  and  planning  with  what  strata- 
gems he  might  break  the  pride  of  the  Alamanni  and  their  king 
Macrian,  whose  restlessness  was  bringing  endless  disturbance  to 
the  Roman  state.  9.  For  the  remarkable  thing  about  this  people 
is  that  however  great  their  losses  through  various  causes  from 
the  very  beginning  on,  yet  they  increase  so  fast  that  one  would 
think  that  they  had  remained  undisturbed  for  many  ages. 
Finally  after  considering  various  plans  it  seemed  best  to  the 
Emperor  to  weaken  them  by  stirring  up  against  them  the  Bur- 
gundians,  a  warlike  people  whose  flourishing  condition  was  due  to 
the  immense  number  of  their  young  men,  and  who  were  therefore 
to  be  feared  by  all  their  neighbors. 


Translations  and  Reprints 


from  the; 


ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


VOI,.  VI.  REGISTER   OF   DIGNITARIES.  No.  4. 


TABLE  OF  CONTENTS. 

PAGE 

Introduction 2 

Register  of  Dignitaries  in  the  Hast 3 

The  pretorian  prefects  of  the  East  and  of  Illyricum 5,7 

The  masters  of  soldiery  in  the  presence  and  in  the  East 8,  10 

The  provost  of  the  sacred  bedchamber 10 

The  master  of  the  offices 11 

The  quaestor 12 

The  counts  of  the  sacred  bounties  and  of  the  private  domain  ...  12, 13 

The  counts  of  the  household  horse  and  foot      . 14 

The  castellan 14 

The  chief  of  the  notaries  and  the  masters  of  bureaus 15 

The  proconsul  of  Asia  and  the  Augustal  prefect 16 

The  vicar  of  the  diocese  of  Asia 17 

The  count  of  the  Egyptian  frontier 17 

The  duke  of  Scythia  and  the  consular  of  Palestine     .......  19 

The  president  of  Thebais '. 20 

Register  of  Dignitaries  in  the  West 20 

The  pretorian  prefects  of  Italy  and  of  the  Gauls 22,  23 

The  prefect  of  the  city  of  Rome 24 

The  masters  of  foot  and  of  horse  in  the  presence 25 

Distribution  of  forces 26 

The  master  of  the  offices  and  his  Insignia  {Illustration) 28 

The  quaestor 30 

The  counts  of  the  sacred  bounties  and  of  the  private  domain     .    .  30,  33 

The  counts  of  the  household  horse  and  foot 35 

The  castellan,  chief  of  the  notaries,  and  masters  of  bureaus    ...  35 

The  proconsul  of  Africa  and  the  vicar  of  the  city  of  Rome  ....  36 

The  vicars  of  the  Seven  Provinces  and  of  the  Britains 37 

The  count  of  Tingitania  and  the  duke  of  the  Armorican  Tract  .    .  38 

The  consular  of  Campania  and  the  corrector  of  Apulia 39 

The  president  of  Dalmatia 40 

Bibliographical  Note 40 


TRANSLATIONS  AND  REPRINTS. 


INTRODUCTION. 


The  Notitia  Dignitatum  is  an  official  register  of  all  the  offices,  other 
than  municipal,  which  existed  in  the  Roman  Empire.  It  suggests  our 
Statesman's  Year-book  and  other  such  publications.  But  this  register  was 
official,  prepared,  as  will  be  seen,  hy  the  "  chief  of  the  notaries  "  in  the  East 
and  West  respectively.  (See  pp.  15,  35.)  It  differs  from  its  modern  repre- 
sentatives in  that  it  gives  only  the  offices,  and  not  in  any  case  the  name  of 
the  incumbent.  Gibbon  gave  to  this  document  a  date  between  395  and  407, 
when  the  Vandals  disturbed  the  Roman  regime  in  Gaul.  Bury,  following 
Hodgkin  (Italy  and  her  Invaders,  Vol.  I,  p.  717),  thinks  that  402  is  the 
probable  date  from  the  fact  that  the  twentieth  legion  which  was  in  that  year 
transferred  from  Britain  to  Italy  is  not  mentioned  as  being  in  either  of 
these  divisions  of  the  empire.  But  Dr.  Otto  Seeck  (in  Hermes,  Vol.  XI, 
pp.  71-78)  finds  some  conditions,  principally  in  the  disposition  of  troops, 
which  could  be  true  only  of  a  time  before  the  battle  of  Adrian ople  (378), 
and  others  which  are  as  late  as  427.  He  infers  that  the  Notitia  was  drawn 
up  as  early  as  the  time  of  Valens,  and  corrected  from  year  to  year  here  and 
there,  while  left  in  many  parts  unchanged;  and  that,  therefore,  it  does  not 
give  the  exact  military  status  at  any  one  time. 

The  text  comes  to  us  through  four  manuscripts,  now  at  Oxford,  Paris, 
Vienna  and  Munich  respectively.  The  last  named  is  of  the  sixteenth  cen- 
tury, the  other  three  of  the  fifteenth.  The  four  are  exact  copies,  even  in 
form,  of  a  manuscript  once  preserved  at  Spires,  but  lost  in  the  latter  part  of 
the  sixteenth  century.  This  Spires  manuscript  contained  several  other  doc- 
uments besides  the  Notitia  Dignitatum,  one  of  them  known  to  be  of  the 
year  825.  Thus  the  earliest  possible  date  for  the  Spires  MS.  is  fixed,  and  its 
palseographic  form,  reproduced  in  the  four  copies  mentioned,  shows  that  it 
was  written  not  later  than  the  eleventh  century. 

The  Notitia  Dignitatum  has  preserved  for  us,  as  no  other  document  has 
done,  a  complete  outline  view  of  the  Roman  administrative  system  in  the 
early  fifth  century.  The  hierarchic  arrangement  is  displayed  perfectly. 
The  division  of  prefectures,  dioceses  and  provinces,  and  the  rank  of  their 
respective  governors  is  set  forth  at  length.  The  niilitary  origin  of  the  whole 
system  appears  in  the  titles  of  the  staff  officers,  even  in  those  departments 
whose  heads  had,  since  the  time  of  Constantine,  been  deprived  of  all  mili- 
tary command. 

Prefixed  to  the  accounts  of  some  eighty-seven  of  the  chief  offices  are  their 
insignia.  These  were  probably  emblazoned  on  the  codicils,  or  commissions, 
of  these  officers,  and  they  are  illustrative  of  the  dignities  and  duties  of  those 
to  whom  they  were  assigned.  Those  of  the  pretorian  prefects  display  a 
book  of  mandates  reposing  on  a  richly  covered  table,  and  flanked  by  four 
tapers;  also  the  four-horse  chariot  and  a  pillar  with  the  portrait  of  the  em- 
peror or  emperors.  The  insignia  of  military  commanders  show  the  distinct- 
ive shields  of  the  several  bodies  of  troops  under  them.  The  insignia  of  the 
master  of  the  offices  in  the  West  are  reproduced  on  p.  28. 


REGISTER   OF  DIGNITARIES.  3 

This  translation  gives  practically  everything  of  prime  importance  in  the 
text.  The  spheres  of  work  and  the  staffs  of  the  chief  officials  have  been 
given  in  full.  Omissions  are  always  indicated  in  the  translation,  as  where 
lists  of  troops,  after  a  few  illustrative  examples,  are  summarized,  without 
giving  the  names  and  locations  of  the  various  organizations.  From  the  list 
of  minor  officials,  of  whom  there  are  a  considerable  number  of  the  same 
rank,  one  has  been  selected  as  typical  of  the  rest,  as,  e.  g.,  one  duke,  one 
count,  one  consular,  in  each  half  of  the  empire. 

The  matter  of  translation  was  somewhat  difficult,  owing  to  the  lack  of 
precedents,  especially  in  the  case  of  the  staff  officers.  The  lexicons  for  the 
most  part  say  of  any  one  of  these  designations  that  it  was  "the  title  of  a 
high  official  of  the  later  empire."  This  is  true,  but  not  sufficient  for  the 
purposes  of  this  book.  A  careful  study  of  the  functions  of  these  officials,  as 
disclosed  in  the  Theodosian  Code,  and  as  commented  on  by  Bocking  (see 
bibliography),  has  made  possible  a  more  exact,  if  somewhat  arbitrary,  ren- 
dering. An  English  word  which  fully  expresses  the  Roman  function  is,  in 
many  cases,  hard  to  find.  Sometimes  the  translation  is  only  approximate, 
and  requires  a  note.  In  general,  the  effort  is  made  to  retain  the  Roman 
flavor  of  the  original,  and  not  to  translate  the  official  terms  of  the  empire  by 
modern  ones  which  might  convey  a  false  implication.  For  instance,  it  has 
been  thought  better  to  say  "count  of  the  sacred,  bounties"  rather  than 
"chancellor  of  the  exchequer,"  or  "grand  treasurer;"  and  "provost  of  the 
sacred  bedchamber"  rather  than  "grand  chamberlain." 

Brackets,  [     ],  enclose  words  not  in  the  original. 

REGISTER  OF  DIGNITARIES. 
I. 

REGISTER   OF  THE  DIGNITARIES,    BOTH   CIVII,  AND    MILITARY,   IN  THE 
DISTRICTS  OF  THE  EAST. 

The  pretorian  prefect  of  the  East. 

The  pretorian  prefect  of  Illyricum. 

The  prefect  of  the  city  of  Constantinople. 

Two  masters  of  horse  and  foot  in  the  presence. 

[The  master]  of  horse  and  foot  in  the  East. 

[The  master]  of  horse  and  foot  in  Thrace. 

[The  master]  of  horse  and  foot  in  Illyricum. 

The  provost  of  the  sacred  bedchamber. 

The  master  of  the  offices. 

The  quaestor. 

The  count  of  the  sacred  bounties. 

The  count  of  the  private  domains. 

Two  counts  of  the  household  troops: 

of  horse, 

of  foot. 


TRANSLATIONS   AND   REPRINTS. 

The  superintendent  of  the  sacred  bedchamber. 
The  chief  of  the  notaries. 
The  castellan  of  the  sacred  palace. 
The  masters  of  bureaus: 
of  memorials, 
of  correspondence, 
of  requests, 
of  Greek  [versions]. 
Two  proconsuls: 

of  Asia;  of  Achaia. 
The  count  of  the  East. 
The  Augustal  prefect. 
Four  vicars: 

of  [the  diocese  of]  Asia;  of  [the  diocese  of]  Pontus;  of  [the 
diocese  of]  the  Thraces;  of  [the  diocese  of]  Macedonia. 
Two  military  counts: 

of  Kg'ypt;  of  Isauria. 
Thirteen  dukes: 

in  [the  diocese  of]  Egypt  two: 
of  the  Eibyas;  of  Thebais. 
in  [the  diocese  of]  the  East  six: 

of  Phcenice;  of  Euphratensis  and  Syria;  of  Palestine; 
of  Osroena;  of  Mesopotamia;  of  Arabia, 
in  [the  diocese  of]  Pontus  one: 

of  Armenia. 
in  [the  diocese  of]  Thrace  two: 

of  Mcesia  secunda;  of  Scythia. 
in  [the  diocese  of]  Illyricuin  two: 

of  ripuarian  Dacia;  of  Mcesia  prima. 
Fifteen  consulars: 

in  [the  diocese  of]  the  East  five: 

of  Palestine;  of  Phcenice;  of  Syria;  of  Cilicia;  of  Cyprus, 
in  [the  diocese  of]  Asia  three: 

of  Pamphylia;  of  Hellespontus;  of  L,ydia. 
in  [the  diocese  of]  Pontus  two: 

of  Galatia;  of  Bithynia. 
in  [the  di<  cese  of]  Thrace  two: 

of  Europe;  of  Thrace, 
in  [the  die  cese  of]  Illyricum  three: 

of  Crete;  of  Macedonia;  of  Mediterranean  Dacia. 


REGISTER   OF  DIGNITARIES.  5 

Egypt,  however,  does  not  possess  the  consular  dignity. 

Forty  presidents: 

in  [the  diocese  of]  Egypt  five: 

of  upper  Lybia;  of  lower  Lybia;  of  Thebais;  of  Egypt; 
of  Arcadia, 
in  [the  diocese  of]  the  East  eight: 

of    Palaestina    salutaris;     of    Palsestina    secunda;    of 
Phcenice  Libani;  of  Euphratensis;  of  Syria  salutaris; 
of  Osroena;  of  Mesopotamia;  of  Cilicia  secunda. 
in  [the  diocese  of]  Asia  seven: 

of   Pisidia;    of   Lycaonia;    of   Phrygia   Pacatiana;   of 
Phrygia  salutaris;  of  Lycia;  of  Caria;  of  the  Islands, 
in  [the  diocese  of]  Pontus  eight: 

of   Honorias;    of   Cappadocia   prima;    of   Cappadocia 
secunda;  of  Helenopontus;  of  Pontus  Polemoniacus; 
of  Armenia  prima;  of  Armenia  secunda;  of  Galatia 
salutaris. 
in  [the  diocese  of]  Thrace  four: 

of  Hsemimontus;  of  Rhodope;  of  Mcesia  secunda;  of 
Scythia. 
in  [the  diocese  of]  Illyricum  eight: 

of  Thessalia;    of   ancient  Epirus;   of  new  Epirus;   of 
ripuarian  Dacia;   of  Mcesia  prima;   of  Prsevalitana; 
of  Dardania;  of  Macedonia  salutaris. 
Two  correctors: 

of  Augustamnica;  of  Paphlagonia. 

II. 

THE  PRETORIAN  PREFECT  OF  THE  EAST. 

Under  the  control  of  the  illustrious1  pretorian  prefect  of  the 
East  are  the  dioceses  below  mentioned: 

of  the  East;  of  Egypt;  of  Asia;  of  Pontus;  of  Thrace. 

lKach  of  the  great  officials  of  the  empire  at  this  time  was  dignified  arid 
graded  by  one  of  three  titles:  illustris,  "  illustrious;"  spectabilis,  "  worship- 
ful;" clarissimus,  "right  honorable."  The  first  of  these  titles  is  the  high- 
est. A  study  of  the  Notitia  will  show  the  bearers  of  the  respective  titles. 
In  general,  it  may  be  said  that  the  illustrious  correspond  in  rank  to  our 
cabinet  officers,  the  worshipful  to  our  State  governors  and  highest  military 
officers,  and  the  right  honorable  to  our  brigadier-generals  and  colonels.  See 
the. references  to  Gibbon,  Bury  and  Hodgkin  in  the  bibliography,  p.  40. 


6  TRANSLATIONS  AND   REPRINTS. 

Provinces: 

of  [the  diocese  of]  the  East  fifteen: 

Palestine;  Phcenice;  Syria;  Cilicia;  Cyprus;  Arabia 
(also  a  duke  and  a  military  count);  Isauria;  Palses- 
tina  salutaris;  Palaestina  secunda;  Phcenice  L,ibani; 
Euphratensis;  Syria  salutaris;  Osroena;  Mesopo- 
tamia; Cilicia  secunda. 
of  [the  diocese  of]  Egypt  five: 

upper  Libya;  lower  Libya;  Thebais;  Egypt;  Arcadia, 
of  [the  diocese  of]  Asia  ten: 

Pamphylia;  Hellespontus;    Eydia;    Pisidia;  Lycaonia; 
Phrygia  Pacatiana;  Phrygia  salutaris;  Lycia;  Caria; 
the  Islands. 
of  [the  diocese  of]  Pontus  ten: 

Galatia;  Bithynia;  Honorias;  Cappadocia  prima;  Cap- 
padocia    secunda;    Pontus    Polemoniacus;    Heleno- 
pontus;  Armenia  prima;  Armenia  secunda;  Galatia 
salutaris. 
of  [the  diocese  of]  Thrace  six: 

Europa;    Thracia;    Hsemimontus;    Rhodopa;    Mcesia 
secunda;  Scythia. 
The  staff1  of  the  illustrious  pretorian  prefect  of  the  East: 
A  chief  of  staff,  {princeps) 

A  chief  deputy,  (corniculariiis) 

1  The  dozen  officers  or  types  of  officers  here  indicated  were  the  heads  of 
departments  under  the  pretorian  prefect.  All  the  other  officio,  or  staffs  were 
on  a  similar  model.  These  officials  belonged  to  the  political  aristocracy. 
The  whole  number  of  officers  might  run  into  the  hundreds,  besides  large 
numbers  of  slaves  who  did  the  drudgery.  The  count  of  the  East  had  600 
officials;  the  proconsul  of  Africa,  400;  the  vicar  of  Africa,  300;  the  count  of 
the  sacred  bounties,  224  regular  assistants  and  610  supernumeraries.  The 
beginning  of  a  civil  service  career  under  the  pretorian  prefect  for  a  Roman 
gentleman,  after  a  training  in  the  law,  was  the  post  of  "treasury  advocate," 
of  whom  we  are  told  that  there  were  at  one  time  150  under  a  single  prefect. 

The  officials  named  in  the  text  received  high  salaries.  After  working 
through  to  the  highest  staff  position,  which  was  commonly  held  for  either 
one  or  two  years,  they  were  eligible  for  the  lower  governorships,  as  presi- 
dents or  correctors,  and  so  on  till  the  highest  stations  were  reached. 

The  Latin  titles  have  been  given  to  make  it  clear  that  the  translation  can- 
not be  an  exact  equivalent  for  the  terms  in  use  under  a  system  so  different 
from  anything  now  in  existence. 


REGISTER   OF   DIGNITARIES.  7 

A  chief  assistant,  (adiutor) 

A  custodian,  (commentariensis) 

A  keeper  of  the  records,  {ab  actis) 

Receivers  of  taxes,  {numerarW) 

Assistants,  (siibadiuua) 

A  curator  of  correspondence,     (cura  epistolarum) 
A  registrar,  {regerendarius) 

Secretaries,  {exceptores) 

Aids,  (adiutores) 

Notaries.  (singularii) 

The  pretorian  prefect  of  the  East  does  not  receive  post-warrants1 
for  each  year,  but  himself  issues  them. 

III. 

THE   PRETORIAN   PREFECT  OF  IIJ,YRICUM. 

Under  the  control  of  the  illustrious  pretorian  prefect  of  Illyricum 
are  the  dioceses  mentioned  below: 
of  Macedonia;  of  Dacia. 
The  provinces  of  Macedonia  are  six: 

Achaia;  Macedonia;  Crete;  Thessaly;  ancient  Kpirus; 
new  Epirus;  and  a  part  of  Macedonia  salutaris. 
The  provinces  of  Dacia  are  five: 

Mediterranean  Dacia;  ripuarian  Dacia;  Mcesia  prima; 
Dardania;     Prsevalitana;    and    part    of    Macedonia 
salutaris. 
The  staff  of  the  illustrious  pretorian  prefect  of  Illyricum: 
A  chief  of  staff, 
A  chief  deputy, 
A  chief  assistant, 
A  custodian, 
A  keeper  of  the  records, 

Four  receivers  of  taxes;  one  of  these  for  gold;  another  for 
services. 

1  The  cursus  publicus  was  the  post-service  for  the  conveyance  of  govern- 
ment dispatches  and  of  government  officials.  It  was  elaborately  organized 
and  very  effective.  Its  control  was  in  the  hands  of  the  pretorian  prefects 
and  the  masters  of  the  offices.  Other  officers  were  limited  in  their  use  of 
this  service,  as  the  last  paragraph  of  each  chapter  in  the  Notiiia  of  the  East 
shows.  There  is  no  reference  to  this  service  in  the  Notitia  of  the  West, 
though  there  is  no  reason  to  doubt  that  the  regulations  there  were  similar. 


8  TRANSLATIONS  AND   REPRINTS. 

An  assistant, 

A  curator  of  correspondence, 
A  registrar, 
Secretaries, 
Aids, 
Notaries. 
The  pretorian  prefect  of  Illyricum  himself  issues  [post- warrants]. 

IV. 

THE  PREFECT  OF  THE  CITY  OF  CONSTANTINOPLE. 

[The  text  is  wanting.] 

V. 

THE  MASTER  OF  THE  SOLDIERY  IN  THE  PRESENCE. 

Under  the  control  of  the  illustrious  master  of  the  soldiery  in  the 
presence: x 

Five  squadrons  of  palatine  horse: 
The  senior  promoted  horse, 
The  companion  cuirassiers, 

1  For  the  organization  and  strength  of  the  army  at  this  period  see  Bury's 
Gibbon,  Vol.  II,  App.  12.  A  summary  of  his  statements,  embodying  the 
results  of  Mommsen's  study,  is  here  given: 

A.  Organization. 

I.  The  borderers  (limitanei,  ripenses)  were  stationed  on  the  frontiers  and 
served  as  cultivators  of  lands  allotted  to  them  as  well  as  soldiers. 

{legions:  old,  6,000  men;  new,  1,000. 
auxilia:  500  men. 
cohorts:  500  men. 
Cavalry:  squadrons  {cunei  equitum,  equites,  alae)\  500  men. 

II.  Imperial  troops. 

{Infantry,  legions;  1,000  men. 
Cavalry,  squadrons  {vexillationes)\ 
500  men. 

b.  Troops  of  the  second  line  (pseudo-comitatenses) . 

c.  Palatine  troops,  of  higher  rank  and  pay  than  the  line. 

d.  The  12  schools,  of  500  men  each;  palace  guards. 

B.  Strength.  Total. 

Borderers:  |Infantr>':  2^°° 

<-  Cavalry:    110,500  360,000 

Imperial:    I  Infantrr-  '43,000 

I  Cavalry:      46,500  194,500 

554,5oo 


REGISTER   OP  DIGNITARIES.  9 

The  junior  companion  archers, 

The  companion  Taifalians, 

The  Arcadian  horse. 
Seven  squadrons  of  horse  of  the  line: 

The  Biturigensian  cuirassiers, 

The  senior  Gallican  heavy-armed  horse, 

The  fifth  Dalmatian  horse, 

The  ninth  Dalmatian  horse, 

The  first  shield-bearers, 

The  junior  promoted  horse, 

The  first  Parthian  cuirassiers. 
Six  palatine  legions: 

The  senior  lancers, 

The  junior  Jovians, 

The  junior  Herculians, 

The  Fortenses, 

The  Nervii, 

The  junior  Matiarii. 
Eighteen  palatine  auxilia  : 

The  senior  Batavians, 

The  junior  Brachiati, 

The  Salians, 

The  Constantians, 

The  senior  Mattiaci, 

The  senior  Gallican  archers, 

The  junior  Gallican  archers, 

The  third  Valens'  archers, 

The  Defenders, 

The  Raetobarii, 

The  Anglevarii, 

The  Hiberi, 

The  Visi, 

The  fortunate  junior  Honorians, 

The  Victors, 

The  first  Theodosians, 

The  third  Theodosians, 

The  fortunate  Isaurian  Theodosians. 
The  staff  of  the  aforesaid  office  of  the  master  in  the  presence  is 
[made  up  from  officers]  enrolled  with  the  forces  and  assigned  to 
staff  duty. 


IO  TRANSLATIONS   AND   REPRINTS. 

It  includes  the  officers  below  mentioned: 
A  chief  of  staff, 
Two  accountants  (numerarii), 
A  custodian, 

Chief  clerks  (pri?ntscrimos),  who  become  accountants, 
Clerks, 

Secretaries  and  other  attendants  (apparitores) . 
The  master  of  the  soldiery  in  the  presence  is  entitled  to  fifteen 
post-warrants  in  the  year. 

VII. 

THE  MASTER  OF  THE  SOLDIERY   IN  THE  EAST. 

Under  the  control  of  the  illustrious  master  of  the  soldiery  in 
the  East: 

Ten  squadrons  of  horse  of  the  line.* 
Two  palatine  auxilia* 
Nine  legions  of  the  line.* 
Eleven  legions  of  the  secondary  line.* 
The  staff  of  the  master's  office  in  the  East  is  considered  per- 
manent. 

It  includes  the  officers  below  mentioned: 
A  chief  of  staff, 
Two  accountants, 
A  custodian, 
A  chief  assistant, 
Clerks, 

Quartermasters  (mensores), 
Secretaries  and  other  attendants. 
The  master  of  the  soldiery  in  the  East  is  entitled  to  twenty-five 
post- warrants  in  the  year. 

X. 

THE  PROVOST  OF  THE  SACRED  BEDCHAMBER. 

Under  the  control  of  the  illustrious  provost  of  the  sacred  bed- 
chamber: 

The  imperial  estate  (do?nus  divina)  in  Cappadocia. 

*  Enumeration  omitted. 


REGISTER   OF  DIGNITARIES.  II 

XI. 
thf;  master  of  the  offices. 
Under  the  control  of  the  illustrious  master  of  the  offices: 
The  first  school x  of  shield-bearers, 
The  second  school  of  shield-bearers, 
The  school  of  senior  gentiles,'2 
The  school  of  shield-  and  bow-bearers, 
The  school  of  mailed  shield-bearers, 
The  junior  light-armed  school, 
The  school  of  junior  gentiles, 
The  school  of  confidential  agents  {agentes  in  rebus3)  and 

those  assigned  from  the  same  school, 
The  surveyors  and  lamp-makers, 
The  bureau  of  memorials, 
The  bureau  of  correspondence, 
The  bureau  of  requests, 
The  bureau  of  assignments  (disposiHones), 
The  staff  of  ushers, 
The  arsenals  below  mentioned: 

of  [the  diocese  of]  the  East  five: 

of  shields  and  weapons,  at  Damascus, 
of  shields  and  weapons,  at  Antioch, 
of  mail,  at  Antioch, 
of  shields  and  equipment,  at  Edesa, 
of  spears,  at  Irenopolis  in  Cilicia. 
of  [the  diocese  of]  Pontus  three: 

of  cuirasses,  at  Caesaraea  in  Cappadocia, 
of  shields  and  weapons,  at  Nicomedia, 
of  cuirasses,  at  Nicomedia. 
of  [the  diocese  of]  Asia  one: 

of  shields  and  weapons,  at  Sardis  in  I,ydia. 

lSo  called  from  their  attending  in  the  schola,  or  hall  of  the  palace. 

a  A  word  of  no  religious  import,  but  pointing  only  to  the  origin  of  this 
school  from  one  social  class  of  certain  Scythian  peoples  who  were  living  in 
a  federate  relation  to  the  empire. 

8  Agentes  in  rebus,  a  class  of  highly  paid  civil  agents,  who  were  designed 
to  keep  the  central  government  in  touch  with  its  various  branches.  From 
them  were  chosen,  as  will  frequently  appear,  the  higher  staff  officials,  who 
not  only  served  their  superiors,  but  watched  them  in  the  interests  of  the 
court.     There  were  1,174  of  them  in  the  time  of  Theodosius  II. 


12  TRANSLATIONS   AND   REPRINTS. 

of  [the  diocese  of]  the  two  Thraces  (one  of  the  diocese 
of  Asia): 
of  shields  and  weapons,  at  Hadrianopolis  of  Haem- 

imontus, 
of  shields  and  weapons,  at  Marcianopolis  (in  the 
two  Thraces). 
of  [the  diocese  of]  Illyricum  four: 
at  Thessalonica, 
at  Naissus, 
at  Ratiaria, 

of  shields  at  Horreomargi. 
The  staff  of  the   aforesaid   illustrious   master  of  the  offices  is 
made  up  from  the  school  of  confidential  agents  as  follows: 
A  chief  assistant, 
Assistants: 
two  aids, 

three  for  the  arsenals, 
four  for  the  embroiderers  in  gold: 

for  the  diocese  of  the  East  one,  for  the  diocese  of 
Asia  one,  for  the  diocese  of  Pontus  one,  for  the 
diocese  of  the  Thraces  and  Illyricum  one. 
An  inspector  of  the  public  post  in  the  presence, 
Inspectors  for  all  the  provinces, 
Interpreters  for  various  peoples. 
The  master  of  the  offices  himself  issues  post- warrants. 

XII. 

THE  QUAESTOR. 

Under  the  control  of  the  illustrious  quaestor: 
The  formulation  of  laws, 
The  formulation  of  petitions. 
The  quaestor  does  not  have  a  staff,  but  such  assistants  from  the 
bureaus  as  he  may  wish. 

XIII. 

THE   COUNT   OF  THE  SACRED  BOUNTIES. 

Under  the  control  of  the  illustrious  count  of  the  sacred  bounties: 
The  counts  of  the  bounties  in  all  the  dioceses, 
The  counts  of  the  markets: 

in  the  East  and  Egypt, 

in  Mcesia,  Scythia  and  Pontus, 


REGISTER   OF  DIGNITARIES.  13 

in  Illyricum. 

The  provosts  of  the  store-houses, 

The  counts  of  the  metals  in  Illyricum, 

The  count  and  the  accountant  of  the  general  tribute  of 
Egypt, 

The  accountants  of  the  general  tribute, 

The  masters  of  the  linen  vesture, 

The  masters  of  the  private  vesture, 

The  procurators  of  the  weaving-houses, 

The  procurators  of  the  dye-houses, 

The  procurators  of  the  mints, 

The  provosts  of  the  goods  despatch, 

The  procurators  of  the  linen- weavers. 
The  staff  of  the  aforesaid  count  of  the  sacred  bounties  includes: 

The  chief  clerk  of  the  whole  staff, 

The  chief  clerk  of  the  bureau  of  fixed  taxes, 

The  chief  clerk  of  the  bureau  of  records, 

The  chief  clerk  of  the  bureau  of  accounts, 

The  chief  clerk  of  the  bureau  of  gold  bullion, 

The  chief  clerk  of  the  bureau  of  gold  for  shipment, 

The  chief  clerk  of  the  bureau  of  the  sacred  wardrobe, 

The  chief  clerk  of  the  bureau  of  silver, 

The  chief  clerk  of  the  bureau  of  miliarensia,1 

The  chief  clerk  of  the  bureau  of  coinage  and  other  clerks 
of  the  above-mentioned  bureaus, 

A  deputy  chief  clerk  of  the  staff,  who  is  chief  clerk  of  the 
secretaries, 

A  sub- deputy  chief  clerk,  who  deals  with  the  goods  de- 
spatch, 

A  fourth  clerk  who  deals  with  requests,  and  other  palatine 
[officials]  of  the  aforesaid  staff. 
The  count  of  the  bounties  is  entitled  to  as  many  post  warrants 
in  the  year  as  his  occasions  may  require. 

XIV. 

THE  COUNT   OF  THE  PRIVATE  DOMAIN. 

Under  the  control  of  the  illustrious  count  of  the  private  domain: 
The  imperial  estates, 

*A  silver  coin,  worth  about  22  cents  under  Constantine  and  26  under 
Julian. 


14  TRANSLATIONS   AND   REPRINTS. 

The  accountants  of  the  private  domain, 

The  private  baggage  train, 

The  provosts  of  the  herds 1  and  stables, 

The  procurators  of  the  pastures. 
The  staff  of  the  aforesaid  illustrious  count  of  the  private  domain: 

A  chief  clerk  of  the  whole  staff, 

A  chief  clerk  of  remitted  taxes, 

A  chief  clerk  of  the  fixed  taxes, 

A  chief  clerk  of  receipts,2 

A  chief  clerk  of  the  bureau  of  private  bounties,  and  other 
clerks  of  the  aforesaid  bureaus, 

A  deputy  chief  clerk  of  the  whole  staff,  who  has  charge  of 
the  documents  of  that  staff,  and  other  palatine  [officials]. 
The  count  of  the  private  domain  is  entitled  to  as  many  post- 
warrants  in  the  year  as  his  occasions  may  require. 

XV. 

THE  COUNT  OF  THE  HOUSEHOLD  HORSE.   THE  COUNT  OF  THE  HOUSEHOLD 

FOOT. 

Under  the  control  of  the  illustrious  counts  of  the  household 
horse  and  foot: 

The  household  horse, 
The  household  foot, 

and  those  of  them  deputized  [on  special  missions]. 

The  count  of  the  household  horse  is  entitled  to . 

The  count  of  the  household  foot  is  entitled  to . 

XVI. 

THE  SUPERINTENDENT  OF  THE  SACRED   BEDCHAMBER. 

[The  text  is  wanting.] 

XVII. 
THE  CASTELLAN. 

Under  the  control  of  the  worshipful3  castellan: 
The  pages, 
The  imperial  household  servants, 

1  Of  horses. 
*  For  taxes  paid. 

'The  first  instance  in  this  book  of  the  second  grade  of  official  nobility. 
See  note  I,  p.  5. 


REGISTER  OF  DIGNITARIES.  15 

The  custodians  of  the  palaces. 
The  staff  of  the  worshipful  castellan  aforesaid  includes: 
An  imperial  accountant, 
An  accountant  for  the  imperial  Augustse, 
An  assistant, 

A  record-keeper  and  his  bureau,  and  other  palatine  [offi- 
cials] of  the  aforesaid  staff. 

XVIII. 

THE  CHIEF  OF  THE  NOTARIES. 

Under  the  control  of  the  worshipful  chief  of  the  notaries: 

The  registry  of  all  the  official  and  administrative  positions, 

both  military  and  civil, 
He  also  has  charge  of  the  schools  and  the  forces.1 
He  does  not  have  a  staff,  but  an  assistant  from  the  school  of 
the  notaries. 

XIX. 

THE  MASTERS  OF  THE  BUREAUS. 

The  master  of  the  bureau  of  memorials 

formulates   and   issues  all  rescripts,  and   responds  to 
petitions. 
The  master  of  the  bureau  of  correspondence 

deals  with  deputations  from  states,  consultations*  and 
petitions. 
The  master  of  the  bureau  of  requests 

deals  with  the  hearing  of  cases  and  petitions. 
The  master  of  the  bureau  of  Greek  correspondence 

either  himself  formulates  those  letters  which  are  usually 
issued  in  Greek,  or  when  they  have  been  formulated 
in  L,atin  translates  them  into  Greek. 
No  one  of  these  has  a  staff  of  his  own,  but  assistants  chosen 
from  the  bureaus. 

1  He  seems  to  have  kept  the  records,  if  not  to  have  controlled  the  disposi- 
tion, of  the  troops  in  the  various  provinces,  and  to  have  issued  the  commis- 
sions of  the  higher  military  officers.  The  register  of  these  is  called  the 
"greater"  or  "superior"  register.     See  note  I,  p.  iS. 

2  References  to  the  imperial  authority  of  questions  on  which  provincial 
magistrates  were  in  doubt:  appeals  from  judges  rather  than  against  them. 


1 6  TRANSLATIONS   AND   REPRINTS. 

XX. 

THE  PROCONSUIy  OF  ASIA. 

Under  the  control  of  the  worshipful  proconsul  of  Asia  are  the 
provinces  mentioned  below: 

Asia, 

The  Islands, 

Hellespontus. 
His  staff  is  as  follows: 

A  chief  of  the  same  staff, 

A  chief  deputy, 

A  chief  assistant, 

A  custodian, 

A  keeper  of  the  records, 

Receivers  of  taxes, 

Clerks, 

A  receiver  of  requests, 

Secretaries  and  other  officials. 
The  proconsul  of  Asia  is  entitled  to . 


XXIII. 

THE  AUGUSTAE  PREFECT. 

Under  the  control  of  the  worshipful  Augustal  prefect  are  the 
provinces  mentioned  below: 

Lybia  superior, 

Lybia  inferior, 

Thebais, 

Hgypt, 

Arcadia, 

Augustamnica. 
His  staff  is  as  follows: 

A  chief  of  staff  from  the  school  of  confidential  agents  of 
the  first  class,  who  at  the  close  of  two  years'  service, 
after  adoring  the  imperial  clemency,  goes  forth  with  in- 
signia.1 

A  chief  deputy, 

A  custodian, 

^hat  is,  advanced  to  such  rank,  consular  or  proconsular,  as  carries  with 
it  the  privilege  of  insignia  of  office.  Consular  rank  was  attainable  by  those 
who  did  not  become  actual  consuls. 


REGISTER   OF   DIGNITARIES.  1 7 


A  quaestor, 
An  assistant, 
A  keeper  of  the  records, 
Receivers  of  taxes, 
A  curator  of  correspondence, 
Secretaries  and  other  attendants. 
The  Augustal  prefect  is  entitled  to  - 


XXIV. 

THE  VICAR  OF  THE  DIOCESE  OF  ASIA. 

Under  the  control  of  the  worshipful  vicar  of  the  diocese  of  Asia 
are  the  provinces  mentioned  below: 
Pamphylia, 
Lydia, 
Caria, 
I*ycia, 
Lycaonia, 
Pisidia, 

Phrygia  Pacatiana, 
Phrygia  salutaris. 
The  staff  of  the  worshipful  vicar  of  the  diocese  of  Asia  is  as 
follows: 

A  chief  of  staff  from  the  school  of  confidential  agents  of 
the  first  class,  who  at  the  close  of  two  years'  service, 
after  adoring  the  imperial  clemency,  goes  forth  with  in- 
signia. 
A  chief  deputy, 
A  custodian, 
An  assistant, 
A  keeper  of  the  records, 
Receivers  of  taxes, 
A  curator  of  correspondence, 
Secretaries  and  other  officials. 
The  vicar  of  the  diocese  of  Asia  is  entitled  to . 

XXVIII. 

THE  COUNT  OF  THE  EGYPTIAN  FRONTIER. 

Under  the  control  of  the  worshipful  milita^  count  of  Egypt: 
The  fifth  Macedonian  legion,  at  Memphis, 
The  thirteenth  twin  legion,  at  Babylon, 


1 8  TRANSLATIONS  AND  REPRINTS. 

The  Stablesian  horse,  at  Pelusium, 

The  Saracen  Thamudene  horse,  at  Scense  Veteranorum, 

The  third  Diocletiana  legion,  at  Andropolis, 

The  second  Trajana  legion,  at  Parembole, 

The  Theodosian  squadron,  recently  organized, 

The  Arcadian  squadron,  recently  organized, 

The  second  squadron  of  Armenians,  in  the  lesser  Oasis. 

And  these  which  are  assigned  from  the  lesser  register:1 
The  third  squadron  of  Arabs,  at  Thenenuthis, 
The  eighth  squadron  of  Vandals,  at  Nee, 
The  seventh  squadron  of  Sarmatians,  at  Scenae  Mandrorum, 
The  first  squadron  of  Egyptians,  at  Selle, 
The  veteran  squadron  of  Gauls,  at  Rinocoruna, 
The  first  Herculian  squadron,  at  Scense  without  Gerasa, 
The  fifth  squadron  of  Raetians,  at  Scenae  Veteranorum, 
The  first  Tangiers  squadron,  at  Thinunepsi, 
The  Aprian  squadron,  at  Hipponos, 
The  second  squadron  of  Assyrians,  at  Sosteos, 
The  fifth  squadron  of  Prczlerti,  at  Dionysias, 
The  third  cohort  of  Galatians,  at  Cefro, 
The  second  cohort  of  Asturians,  at  Busiris. 

Of  the  province  of  Augustamnica: 

The  second  Ulpian  squadron  of  Africans,  at  Thaubastos, 
The  second  squadron  of  Egyptians,  at  Tacasiria, 
The  first  cohort  of  archers,  at  Naithu, 
The  first  Augustan  cohort  of  Pannonians,  at  Tohu, 
The  first  cohort  of  Epirotes,  at  Castra  Judaeorum, 
The  fourth  cohort  of  Juthungians,  at  Aphrcditopolis, 
The  second  cohort  of  Ituraeans,  at  Aiy, 
The  second  cohort  of  Thracians,  at  Muson, 
The  fourth  cohort  of  Numidiaiis,  at  Narmunthi. 

The  staff  is  as  follows: 

A  chief  of  staff  from  the  school  of  confidential  agents  of  the 
first  class,  who,  after  adoring  the  imperial  clemency, 
goes  forth  with  insignia. 

*The  "lesser  register"  was  the  list  of  lower  military  officers  and  their 
commands,  which  was  in  charge  sometimes  of  the  quaestor  and  sometimes 
of  the  bureau  of  memorials,  under  the  master  of  the  offices.  See  note  i, 
p.  15. 


REGISTER  OF  DIGNITARIES.  10 

Receivers  of  taxes, 
A  custodian, 
An  assistant, 

A  receiver  of  requests,  or  under- secretary, 
Secretaries  and  other  officials. 
The  count  of  Egypt  is  entitled  to  seven  post-warrants  in  the  year. 

XXXIX. 

THE  DUKE  OF  SCYTHIA. 

Under  the  control  of  the  worshipful  duke  of  Scythia: 
[Seven  squadrons  of  cavalry.]  * 
Auxiliaries: 

[Eight  organizations.]  * 
Legions  of  borderers: 

[Seven  organizations.]* 
His  staff  is  as  follows: 

A  chief  of  staff,  who  at  the  end  of  his  term  of  service  pays 

adoration  as  a  protector,1 
Accountants  and  their  assistants, 
A  custodian, 
An  assistant, 

A  receiver  of  requests,  or  under-secretary, 
Secretaries  and  other  officials. 
The  duke  of  Scythia  is  entitled  to  five  post-warrants  in  the  year. 

XLIII. 

THE  CONSULAR  OF  PALESTINE. 

Under  the  control  of  the  right  honorable2  consular  of  Palestine: 

The  province  of  Palestine. 
His  staff  is  as  follows: 

A  chief  of  staff, 

*  Enumeration  omitted. 

xThis  "adoration  "  was  equivalent  to  a  modern  presentation  at  court.  A 
"protector"  was  a  highly-privileged  member  of  the  imperial  body-guard. 
See  Bury's  Gibbon,  Vol.  II,  App.  13.  To  "adore  as  protector"  was  to  be 
admitted  either  to  this  body-guard  or  to  a  rank  equivalent  to  it  in  the  nicely- 
graded  scale  of  precedence. 

2  Consulars,  correctors,  and  most  presidents  were  darissimi,  "right  honor- 
able." 


20  TRANSLATIONS  AND   REPRINTS. 

A  chief  deputy, 
A  custodian, 
A  chief  assistant, 
A  receiver  of  taxes, 
A  keeper  of  the  records, 
A  receiver  of  requests, 

Secretaries  and  other  cohortalini?-  who  are  not  allowed  to 
pass  to  another  service  without  a  warrant  from  the  im- 
perial clemency. 
All  the  other  consulars  have  a  staff  similar  to  that  of  the  con- 
sular of  Palestine. 

XLIV. 

THE  PRESIDENT  OE  THEBAIS. 

Under  the  control  of  the  right  honorable  president  of  Thebais: 

The  province  of  Thebais. 
The  staff  is  as  follows: 

[Precisely  as  in  preceding  section.] 
All  the  other  presidents  have  a  staff  similar  to  that  of  the  presi- 
dent of  Thebais. 


REGISTER  OF  THE  DIGNITARIES,   BOTH  CIVIL  AND  MILITARY,   IN  THE 
DISTRICTS  OE  THE  WEST. 

The  pretorian  prefect  of  Italy. 
The  pretorian  prefect  of  the  Gauls. 
The  prefect  of  the  city  of  Rome. 
The  master  of  foot  in  the  presence. 
The  master  of  horse  in  the  presence. 
The  master  of  horse  in  the  Gauls. 
The  provost  of  the  sacred  bedchamber. 
The  master  of  the  offices. 
The  quaestor. 

The  count  of  the  sacred  bounties. 
The  count  of  the  private  domains. 
The  count  of  the  household  horse. 

1  The  lower  members  of  staffs  of  officials  of  lesser  dignity  were  called 
cohortalini ;  those  attached  to  the  higher  staffs  apparitor es ;  those  in  the 
staffs  of  the  great  palace  functionaries,  palatini.  The  cohortalini  formed  an 
hereditary  caste  from  which  escape  was  very  difficult. 


REGISTER   OF  DIGNITARIES.  21 

The  count  of  the  household  foot. 

The  superintendent  of  the  sacred  bedchamber. 

The  chief  of  the  notaries. 

The  castellan  of  the  sacred  palace. 

The  masters  of  bureaus: 

of  memorials;  of  correspondence;  of  requests. 
The  proconsul  of  Africa. 
Six  vicars: 

of  the  city  of  Rome;  of  Italy;  of  Africa;  of  the  Spains;  of 
the  Seven  Provinces;  of  the  Britains. 
Six  military  counts: 

of  Italy;  of  Africa;  of  Tingitania;  of  the  tractus  Argentora- 
tensis;  of  the  Britains;  of  the  Saxon  shore  of  Britain. 
Thirteen  dukes: 

of  the  frontier  of  Mauritania  Csesariensis;  of  the  Tripolitan 
frontier;   of  Pannonia  prima  and  ripuarian  Noricum;   of 
Pannonia  secunda;  of  ripuarian  Valeria;  of  Rsetia  prima 
and  secunda;  of  Sequanica;  of  the  Armorican  and  Nervi- 
can  tract;   of  Belgica  secunda;   of  Germania  prima;   of 
Britannia;  of  Mogontiacensis. 
Twenty- two  consulars: 
of  Pannonia; 
in  Italy  eight: 

of  Venetia  and   Histria;   of  iEmilia;   of  Liguria;   of 
Flaminia  and  Picenum  annonarium;  of  Tuscia  and 
Umbria;   of  Picenum  suburbicarium;  of  Campania; 
of  Sicilia. 
in  Africa  two: 

ofByzacium;  ofNumidia. 
in  the  Spains  three: 

ofBsetica;  of  L,usitania;  ofCallsecia. 
in  the  Gauls  six: 

of  Viennensis;   of  Lngdunensis  prima;   of  Germania 
prima;  of  Germania  secunda;   of  Belgica  prima;  of 
Belgica  secunda. 
in  the  Britains  two: 

of  Maxima  Caesariensis;  of  Valentia. 
Three  correctors: 
in  Itaty  two: 

of  Apulia  and  Calabria;  of  Lucania  and  Brittii. 


22  TRANSLATIONS  AND  REPRINTS. 

in  Pannonia  one: 
of  Savia. 
Thirty-one  presidents: 
in  Iilyricum  fonr: 

of  Dalmatia;    of  Pannonia   prima;   of  Mediterranean 
Noricum;  of  ripuarian  Noricum. 
in  Italy  seven: 

of  the  Cottian  Alps;  of  Rsetia  prima;  of  Rsetia  secunda; 
ofSamnium;  of  Valeria;  of  Sardinia;  of  Corsica, 
in  Africa  two: 

of  Mauritania  Sitifensis;  of  Tripolitana. 
in  the  S pains  four: 

of  Tarraconensis;  of  Carthaginensis;  of  Tingitania;  of 
the  Balearic  Isles. 
in  the  Gauls  eleven: 

of  the  maritime  Alps;  of  the  Pennine  and  Graian  Alps; 
of  Maxima  Sequanorum;  of  Aquitanica  prima;  of 
Aquitanica  secunda;  of  Novempopulana;  of  Narbo- 
nensis  prima;  of  Narboneusis  secunda;  of  IyUgdu- 
nensis  secunda;  of  I,ugdunensis  tertia;  of  L,ugdu- 
nensis  Senonica. 
in  the  Britains  three: 

of  Britannia  prima;   of  Britannia  secunda;   of  Flavia 
Csesariensis. 

II. 

THE  PRETORIAN  PREFECT  OF  ITAI<Y. 

Under  the  control  of  the  illustrious  pretorian  prefect  of  Italy 
are  the  dioceses  mentioned  below: 
Italy;  Iilyricum;  Africa. 
Provinces: 

of  Italy  seventeen: 

Venetia;  iEmilia;  Liguria;  Flaminia  and  Picenum 
annonarium;  Tuscia  and  Umbria;  Picenum  suburbi- 
carium;  Campania;  Sicily;  Apulia  and  Calabria; 
Lucania  and  Brittii;  the  Cottian  Alps;  Rsetia  prima; 
Rsetia  secunda;  Samnium;  Valeria;  Sardinia;  Corsica, 
of  Iilyricum  six: 

Pannonia  secunda;  Savia;  Dalmatia;  Pannonia  prima; 
Mediterranean  Noricum;  ripuarian  Noricum. 


REGISTER  OF  DIGNITARIES.  23 

of  Africa  seven: 

Byzacium;  Nunridia;  Mauritania  Sitifensis;  Mauritania 

Csesariensis;  Tripolis. 
The  prefect  of  the  grain  tribute  of  Africa;  the  prefect 
of  the  patrimonial  estates. 
The  staff  of  the  illustrious  pretorian  prefect  of  Italy: 
A  chief  of  staff, 
A  chief  deputy, 
A  chief  assistant, 
A  custodian, 
A  keeper  of  the  records, 
Receivers  of  taxes, 
Assistants, 

A  curator  of  correspondence, 
A  registrar, 
Secretaries, 
Aids, 
Notaries. 

III. 

THE  PRETORIAN  PREFECT  OE  THE  GAULS. 

Under  the  control  of  the  illustrious  pretorian  prefect  of  the 
Gauls  are  the  dioceses  mentioned  below: 

The  Spains;  the  Seven  Provinces;  the  Britains. 
Provinces: 

of  the  Spains  seven: 

Baetica;   Lusitania;    Callsecia;   Tarraconensis;  Cartha- 
ginensis;  Tingitania;  the  Balearic  Isles. 
of  the  Seven  Provinces  seventeen:1 

Viennensis;  L,ugdunensis  prima;  Germania  prima; 
Germania  secunda;  Belgica  prima;  Belgica  secunda; 
the  Maritime  Alps;  the  Pennine  and  Graian  Alps; 
Maxima  Sequanorum;  Aquitania  prima;  Aquitania 
secunda;  Novempopuli;  Narboneusis  prima;  Nar- 
bonensis  secunda;  Lugdunensis  secunda;  Lugdu- 
nensis  tertia;  Lugdunensis  Senonia. 

xSee  Bury's  Gibbon,  Vol.  II,  App.  11,  for  the  anomaly  of  seventeen  prov- 
inces ranged  under  the  title,  The  Seven  Provinces.  Subdivision  and  addi- 
tion had  caused  what  was  originally  the  diocese  of  The  Five  Provinces  to 
include  the  seventeen  here  named. 


24  TRANSLATIONS   AND   REPRINTS. 

of  the  Britains  five: 

Maxima  Caesariensis;  Valentia;  Britannia  prima;  Bri- 
tannia secunda;  Flauia  Csesariensis. 
The  staff  of  the  illustrious  pretorian  prefect  of  the  Gauls: 

[precisely  the  same  as  that  of  the  pretorian  prefect  of  the 
Bast,  p.  5.] 

IV. 

THE  PREFECT  OF  THE  CITY  OF  ROME. 

Under  the  control  of  the  illustrious  prefect  of  the  city  of  Rome 
are  held  the  administrative  positions  mentioned  below: 

The  prefect  of  the  grain  supply, 

The  prefect  of  the  watch, 

The  count  of  the  aqueducts, 

The  count  of  the  banks  and  bed  of  the  Tiber,  and  of  the 
sewers, 

The  count  of  the  port, 

The  master  of  the  census, 

The  collector  of  the  wine-tax, 

The  tribune  of  the  swine-market, 

The  consular  of  the  water-supply, 

The  curator  of  the  chief  works, 

The  curator  of  public  works, 

The  curator  of  statues, 

The  curator  of  the  Galban  granaries, 

The  centenarian  of  the  port,1 

The  tribune  of  art  works  (?). 
The  staff  of  the  illustrious  prefect  of  the  city: 

A  chief  of  staff, 

A  chief  deputy, 

A  chief  assistant, 

A  custodian, 

A  keeper  of  the  records, 

Receivers  of  taxes, 

A  chief  clerk  (or  receiver), 

Assistants, 

A  curator  of  correspondence, 

'The  functions  of  this  officer  and  the  next  one  cannot  be  accurately  deter- 
mined, and  the  translation  is  uncertain  in  the  latter  case,  tribunus  rerum 
nitentium. 


REGISTER   OF   DIGNITARIES.  25 

A  registrar, 

Secretaries, 

Aids, 

Clerks  of  the  census, 

Ushers, 
Notaries. 

V. 

THE  MASTER  OF  FOOT  IN  THE  PRESENCE. 

Under  the  control  of  the  illustrious  master  of  foot  in  the  pres- 
ence: 

The  counts  of  the  frontiers  mentioned  below: 

Italy;    Africa;    Tingitania;    Tractus   Argentoratensis; 
the  Britains;  the  Saxon  shore  toward  the  Britains. 
The  ten  dukes  of  the  frontiers  mentioned  below: 

Mauretania   Csesariensis;   Tripolitanus;    Pannonia  se- 
cunda;  ripuarian  Valeria;  Pannonia  prima  and  ripu- 
arian  Noricum;  Rsetia  prima  and  secuuda;  Belgica 
secunda;  Germania  prima;  the  Britains;  Mogontia- 
censis. 
[Twelve  palatine  legions,* 
Sixty-five  palatine  auxilia. 
Thirty-two  legions  of  the  line, 
Eighteen  legions  of  the  secondary  line.] 
The  staff  of  the  aforesaid  master  of  foot  in  the  presence: 
A  chief  of  staff, 
An  accountant, 
A  custodian, 
A  chief  assistant, 
A  registrar, 
Secretaries  and  other  attendants. 

VI. 

THE  MASTER  OF  HORSE  IN  THE  PRESENCE. 

Under  the  control  of  the  illustrious  count  and  master  of  horse 
in  the  presence: 

[Ten  palatine  squadrons,* 
Thirty-two  squadrons  of  the  line.] 

*  Enumeration  omitted. 


26  TRANSLATIONS  AND   RKPRINTS. 

The  staff  of  the  aforesaid  master's  office: 
A  chief  of  staff, 
An  accountant, 
A  chief  clerk, 
A  custodian, 
A  chief  assistant, 
A  registrar, 
Secretaries  and  other  attendants. 


VII. 

DISTRIBUTION  OF  THE  FORCES  ABOVE  NAMED  AMONG  THE  VARIOUS 
PROVINCES. 

In  Italy: 

[Seven  palatine  legions,* 

Twenty  palatine  auxilia, 

Five  legions  of  the  line, 

Two  legions  of  the  secondary  line, 

Two  unclassified  bodies.] 
In  Illyricum  with  the  worshipful  count  of  Illyricuin: 

[Thirteen  palatine  auxilia* 

Five  legions  of  the  line, 

Three  legions  of  the  secondary  line, 

One  unclassified  body.] 
In  the  Gauls  with  the  illustrious  master  of  horse  in  the 
Gauls: 

[Fifteen  palatine  auxilia* 

One  palatine  legion, 

Ten  legions  of  the  line, 

Ten  legions  of  the  secondary  line, 

Twelve  unclassified  bodies.] 
The  staff  of  the  illustrious  master  of  horse  in  the  Gauls: 

A  chief  from  the  staffs  of  the  masters  of  soldiery  in  the 
presence,  in  one  year  from  that  of  the  master  of  foot,  and 
in  the  next  from  that  of  the  master  of  horse. 
A  custodian, 

Accountants  from  the  two  staffs  in  alternate  years, 
A  chief  assistant, 
A  registrar, 

*  Enumeration  omitted. 


REGISTER  OF   DIGNITARIES.  27 

Secretaries  and  other  attendants. 

In  the  Spains  with  the  worshipful  count: 

[Eleven  palatine  auxilia* 

Five  legions  of  the  line.] 
In  Tingitania  with  the  worshipful  count: 

[Two  palatine  auxilia* 

Two  legions  of  the  line.] 
In  Africa  with  the  worshipful  count  of  Africa: 

[Three  palatine  legions,* 

One  palatine  auxilium> 

Seven  legions  of  the  line.] 
In  the  Britains  with  the  worshipful  count  of  the  Britains: 

[One  palatine  auxilium* 

One  legion  of  the  line, 

One  unclassified  body.] 
Also  squadrons  of  cavalry: 
In  Italy: 

[Six  palatine,* 

One  of  the  line.] 
In  the  Gauls  with  the  illustrious  count  and  master  of  horse 
in  the  Gauls: 

[Four  palatine,* 

Bight  of  the  line.] 
In  Africa  with  the  worshipful  count  of  Africa: 

[Nineteen  of  the  line.]  * 
In  Britain  with  the  worshipful  count  of  the  Britains: 

[Three  of  the  line,* 

Two  unclassified.] 
In  Tingitania  with  the  worshipful  count  of  Tingitania: 

[Three  of  the  line.]* 

VIII. 

the  provost  of  the  sacred  bedchamber. 

[The  text  relating  to  the  provost  of  the  sacred  bedchamber  is 
wanting.] 

*  Enumeration  omitted. 


28 


TRANSLATIONS   AND   REPRINTS. 

IX.1 
INSIGNIA  OF  THE  ILLUSTRIOUS  MASTER  OF  THE  OFFICES. 


^ 


FABMCAE 


Under  the  control  of  the  illustrious  master  of  the  offices: 
The  first  school  of  shield-bearers, 
The  second  school  of  shield-bearers, 
The  senior  light-armed  school. 
The  school  of  senior  gentiks, 
The  third  school  of  shield-bearers, 

The  school  of  confidential  agents  and  those  assigned  from 
that  school, 

typical  insignia,  showing  the  table  with  the  book  of  mandates,  orna- 
mented with  the  imperial  portraits,  and  below  the  types  of  arms  and  accou- 
trements made  in  the  various  arsenals  under  the  control  of  the  master  of  the 
offices. 


REGISTER   OP  DIGNITARIES.  29 

The  bureau  of  memorials, 
The  bureau  of  assignments, 

The  bureau  of  correspondence, 
The  bureau  of  requests, 
The  doorkeepers, 
The  court  ushers  {cancellarn). 
The  arsenals  mentioned  below: 
In  Illyricum: 

of  shields,  saddle-cloths  and  weapons,  at  Sirmium, 

of  shields,  at  Acincum, 

of  shields,  at  Carnuntum, 

of  shields,  at  Lauriacum, 

of  weapons,  at  Salona. 
In  Italy: 

of  arrows,  at  Concordia, 

of  shields  and  weapons,  at  Verona, 

of  leather  corselets,  at  Mantua, 

of  shields,  at  Cremona, 

of  bows,  at  Ticinum, 

of  broadswords,  at  Lmca. 
In  the  Gauls: 

of  all  weapons,  at  Argenton, 

of  arrows,  at  Macon, 

of  leather  corselets,  ballistce,  and  mail,  at  Autun, 

of  shields,  at  Autun, 

of ,  at  Soissons, 

of  broadswords,  at  Rheims, 

of  shields,  at  Trier, 

of  ballistcB,  at  Trier, 

of  broadswords  and  shields,  at  Amiens. 
The  staff  of  the  aforesaid  illustrious  master  of  the  offices  is  con- 
stituted from  the  school  of  confidential  agents  in  this  manner: 
A  chief  assistant, 
A  deputy  of  the  chief  assistant, 
Assistants  for  the  various  arsenals, 
An  inspector  of  the  public  post  in  the  presence, 
Inspectors  for  all  the  provinces, 
Interpreters  for  all  peoples. 


30  TRANSLATIONS   AND   REPRINTS. 

X. 

THE   QUAESTOR 

Under  the  control  of  the  illustrious  quaestor: 

The  formulation  of  laws, 

The  formulation  of  petitions. 
He  has  subordinate  clerical  assistants  from  the  various  bureaus. 

XI. 

THE  COUNT  OF  THE  SACRED  EOUNTIES. 

Under  the  control  of  the  illustrious  count  of  the  sacred  bounties: 
The  count  of  the  bounties  in  Illyricum, 
The  count  of  the  wardrobe, 
The  count  of  gold, 
The  count  of  the  Italian  bounties, 
Accountants: 

The  accountant  of  the  general  tax  of  Pannonia  secunda, 

Dalmatia  and  Savia, 
The  accountant  of  the  general  tax  of  Pannonia  prima, 

Valeria,  Mediterranean  and  ripuarian  Noricum, 
The  accountant  of  the  general  tax  of  Italy, 
The  accountant  of  the  general  tax  of  the  city  of  Rome, 
The  accountant  of  the  general  tax  of  the  Three  Prov- 
inces, that  is,  of  Sicily,  Sardinia  and  Corsica, 
The  accountant  of  the  general  tax  of  Africa, 
The  accountant  of  the  general  tax  of  Numidia, 
The  accountant  of  the  general  tax  of  Spain, 
The  accountant  of  the  general  tax  of  the  Five  Prov- 
inces, 
The  accountant  of  the  general  tax  of  the  Gauls, 
The  accountant  of  the  general  tax  of  the  Britains. 
Provosts  of  the  storehouses: 
In  Illyricum: 

The  provost  of  the  storehouses  at  Salona  in  Dal- 
matia, 
The  provost  of  the  storehouses  at  Siscia  in  Savia, 
The  provost  of  the  storehouses  at  Savaria  in  Pan- 
nonia prima. 
In  Italy: 

The   provost   of  the   storehouses   at   Aquileia  in 
Venetia, 


REGISTER  OF  DIGNITARIES.  3 1 

The  provost  of  the  storehouses  at  Milan  in  Liguria, 
The  provost  of  the  storehouses  of  the  city  of  Rome, 
The  provost  of  the  storehouses  at  Augsburg  in 
Raetia  secunda. 
In  the  Gauls: 

The  provost  of  the  storehouses  at  Lyons, 
The  provost  of  the  storehouses  at  Aries, 
The  provost  of  the  storehouses  at  Rheims, 
The  provost  of  the  storehouses  at  Trier. 
In  the  Britains: 

The  provost  of  the  storehouses  at  London. 
Procurators  of  the  mints: 

The  procurator  of  the  mint  at  Siscia, 
The  procurator  of  the  mint  at  Aquileia, 
The  procurator  of  the  mint  in  the  city  of  Rome, 
The  procurator  of  the  mint  at  Lyons, 
The  procurator  of  the  mint  at  Aries, 
The  procurator  of  the  mint  at  Trier. 
Procurators  of  the  weaving-houses: 

The  procurator  of  the  weaving-house  at  Bassiana,  in 

Pannonia  secunda — removed  from  Salona, 
The  procurator  of  the  weaving-house  at  Sirmium  in 

Pannonia  secunda, 
The  procurator  of  the  Jovian  weaving-house  at  Spalato 

in  Dalmatia, 
The  procurator  of  the  weaving-house  at  Aquileia  in 

Venetia  inferior, 
The   procurator   of    the   weaving-house   at   Milan  in 

Liguria, 
The  procurator  of  the  weaving-house  in  the  city  of 

Rome, 
The  procurator  of  the  weaving-house  at  Canosa  and 

Venosa  in  Apulia, 
The  procurator  of  the  weaving-house  at  Carthage  in 

Africa, 
The  procurator  of  the  weaving-house  at  Aries  in  the 

province  of  Vienne, 
The  procurator  of  the  weaving-house  at  Lyons, 
The   procurator  of  the  weaving-house  at   Rheims  in 
Belgica  secunda, 


32  TRANSLATIONS   AND   REPRINTS. 

The  procurator  of  the  weaving-house  at  Tourney  in 
Belgica  secunda, 

The  procurator  of  the  weaving-house  at  Trier  in  Bel- 
gica secunda, 

The  procurator  of  the  weaving-house  at  Autun — re- 
moved from  Metz, 

The  procurator  of  the  weaving-house  at  Winchester  in 
Britain. 
Procurators  of  the  linen-weaving  houses: 

The  procurator  of  the  linen-weaving  house  at  Vienne, 
in  the  Gauls, 

The  procurator  of  the  linen-weaving  house  at  Ravenna 
in  Italy. 
Procurators  of  the  dye-houses: 

The  procurator  of  the  dye-house  at  Tarentum  in  Cala- 
bria, 

The  procurator  of  the  dye-house  at  Salona  in  Dalmatia, 

The  procurator  of  the  dye-house  at  Cissa  in  Venetia 
and  Istria, 

The  procurator  of  the  dye-house  at  Syracuse  in  Sicily, 

The  procurator  of  the  dye-houses  in  Africa, 

The  procurator  of  the  dye-house  at  Girba,  in  the  prov- 
ince of  Tripolis, 

The  procurator  of  the  dye-house  in  the  Balearic  Isles 
in  Spain, 

The  procurator  of  the  dye-house  at  Toulon  in  the  Gauls, 

The  procurator  of  the  dye-house  at  Narbonne. 
Procurators  of  the  embroiderers  in  gold  and  silver: 

The  procurator  of  the  embroiderers  in  gold  and  silver 
at  Aries, 

The  procurator  of  the  embroiderers  in  gold  and  silver 
at  Rheims, 

The  procurator  of  the  embroiderers  in  gold  and  silver 
at  Trier, 
Procurators  of  the  goods  despatch: 

For  the  Eastern  traffic: 

The  provost  of  the  first  Eastern  despatch,  and  the 

fourth  [return], 
The  provost  of  the  second  Eastern  despatch,  and 
the  third  [return], 


REGISTER  OF   DIGNITARIES.  33 

The  provost  of  the  second  [return]  despatch,  and 

the  third  from  the  East, 
The  provost  of  the  first  [return]  despatch,  and  the 
fourth  from  the  East. 
For  the  traffic  with  the  Gauls: 

The  provost  of  the  first  Gallic  despatch,  and  the 
fourth  [return]. 
The  counts  of  the  markets  in  Illyricum. 
The  staff  of  the  aforesaid  illustrious  count  of  the  sacred  boun- 
ties includes: 

A  chief  clerk  of  the  whole  staff, 

A  chief  clerk  of  the  bureau  of  fixed  taxes, 

A  chief  clerk  of  the  bureau  of  records, 

A  chief  clerk  of  the  bureau  of  accounts, 

A  chief  clerk  of  the  bureau  of  gold  bullion, 

A  chief  clerk  of  the  bureau  of  gold  for  shipment, 

A  chief  clerk  of  the  bureau  of  the  sacred  wardrobe, 

A  chief  clerk  of  the  bureau  of  silver, 

A  chief  clerk  of  the  bureau  of  miliarensia, 

A  chief  clerk  of  the  bureau  of  coinage,  and  other  clerks, 

A  deputy  chief  clerk  of  the  staff,  who  is  chief  clerk  of  the 

secretaries, 
A  sub- deputy  chief  clerk   who   has  charge  of  the  goods 
despatch. 

XII. 

THE   COUNT  OF  THE  PRIVATE   DOMAIN. 

Under  the  control  of  the  illustrious  count  of  the  private  domain: 
The  count  of  the  private  bounties, 
The  count  of  the  Gildonian  patrimony,1 
The  accountant  of  the  private  properties  in  Illyricum, 
The  accountant  of  the  private  properties  in  Italy,2 
The  accountant  of  the  private  property  in  Italy, 

1  Gildo  was  a  Moor  who  had  served  the  Romans  against  his  rebellious 
brother  in  Africa,  and  been  entrusted  by  them  with  a  high  position.  But 
he  in  turn  rebelled,  and  was  killed  in  battle  in  398.  His  forfeited  estates 
formed  the  Gildonian  patrimony.     See  Gibbon,  Chap.  XXIX. 

2  The  difference  between  an  accountant  of  the  private  property  in  Italy 
and  one  of  the  private  properties  (plural)  is  not  understood.  It  may  be  a 
textual  error. 


34  TRANSLATIONS   AND   REPRINTS. 

The  accountant  of  the  private  property  in  the  city  of  Rome, 
and  the  suburbicarian  regions,  and  the  estate  of  Faustina, 
The  accountant  of  the  private  property  in  Sicily, 
The  accountant  of  the  private  property  in  Africa, 
The  accountant  of  the  private  property  in  the  Spains, 
The  accountant  of  the  private  property  in  the  Gauls, 
The  accountant  of  the  private  property  in  the  Five  Prov- 
inces, 
The  accountant  of  the  private  property  in  the  imperial 

estates  in  Africa, 
The  procurator  of  the  private  property  in  Sicily, 
The  procurator  of  the  private  property  in  Apulia  and  Cala- 
bria and  the  pastures  of  Carmignano, 
The  provost  of  the  private  property  in  Sequanicum  and 

Germania  prima, 
The  procurator  of  the  private  property  in  Dalmatia, 
The  procurator  of  the  private  property  in  Savia, 
The  procurator  of  the  private  property  in  Italy, 
The  procurator  of  the  private  property  in  the  estates  of 

Julian  in  the  urbicarian  regions, 
The  procurator  of  the  private  property  in  Mauritania  Siti- 

fensis, 
The  procurator  of  the  private  property  in  the  weaving- 
houses  at  Trier, 
The  procurator  of  the  weaving-house  at  Viviers,  rei privates 

Metii  translata  anhelat^ 
The  provost  of  the  private  baggage-despatch  to  the  East 

by  the  lower  route,2 
The  provost  of  the  private  baggage-despatch  to  the  Gauls. 
The^staff  of  the  aforesaid  count  of  the  private  domain  includes: 
A  chief  clerk  of  the  whole  staff, 
A  head  of  the  bureau  of  remitted  taxes, 
A  head  of  the  bureau  of  the  fixed  taxes, 
A  head  of  the  bureau  of  receipts, 

A  head  of  the  bureau  of  private  bounties,  clerks  and  other 
attaches  of  the  aforesaid  bureaus, 

\The  text  is  evidently  corrupt,  and  yields  no  sense. 
aLBy  the  sea  ? 


REGISTER  OF  DIGNITARIES.  35 

A  deputy  chief  clerk  of  the  whole  staff,  who  has  charge  of 

the  documents  of  the  staff, 
Other  palatine  officials. 

XIII. 

THE  COUNT  OF  THE  HOUSEHOLD  HORSE.   THE  COUNT  OF  THE  HOUSEHOLD 

FOOT. 

Under  the  control  of  the  illustrious  counts  of  the  household 
horse  and  foot: 

The  household  horse, 
The  household  foot, 
Those  assigned  from  these. 

XIV. 

THE  SUPERINTENDENT  OF  THE  SACRED  BEDCHAMBER. 

Under  the  control  of  worshipful  superintendent  of  the  sacred 
bedchamber: 

[The  text  is  wanting.] 

XV. 

THE  CASTEU,AN  OF  THE  SACRED  PALACE. 

Under  the  control  of  the  worshipful  castellan: 

[The  same  as  in  the  similar  office  in  the  East,  No.  XVII, 
save  that  here  we  have  ''the  lady  Augusta"  in  the  sin- 
gular.] 

XVI. 

THE  CHIEF  OF  THE  NOTARIES. 

Under  the  control  of  the  worshipful  chief  of  the  notaries: 
[The  same  as  in  No.  XVIII,  above.] 

XVII. 

THE  MASTERS  OF  THE  BUREAUS. 

The  master  of  the  bureau  of  memorials  formulates  all  rescripts 
and  issues  them,  and  also  responds  to  petitions. 

The  master  of  the  bureau  of  correspondence  deals  with  legations 
from" cities  and  consultations  and  petitions. 

The  master  of  the  bureau  of  requests  deals  with  the  hearing  of 
casesjand  petitions. 


36  TRANSLATIONS   AND   REPRINTS. 

XVIII. 
THE  PROCONSUIv  OF  AFRICA. 

Under  the  control  of  the  worshipful  proconsul  of  Africa: 

The  proconsular  province  and  its  two  legates. 
His  staff  is  as  follows: 

A  chief  of  staff  from  the  school  of  confidential  agents  of 
the  first  class, 

A  chief  deputy, 

Two  receivers  of  taxes, 

A  chief  clerk, 

A  custodian, 

A  chief  assistant, 

A  keeper  of  the  records, 

Assistants, 

Secretaries, 

Notaries,  and  the  rest  of  the  staff. 

XIX. 

the  vicar  of  the  city  of  rome. 

Under  the  control  of  the  worshipful  vicar  of  the  city  ofrRome 
are  the  provinces  mentioned  below: 
Consulars: 

of  Campania, 
of  Tuscany  and  Umbria, 
of  suburbicarian  Picenum, 
of  Sicily. 
Correctors: 

of  Apulia  and  Calabria, 
of  Bruttii  and  L,ucania. 
Presidents: 

of  Samnium, 
of  Sardinia, 
of  Corsica, 
of  Valeria. 
The  staff  of  the  aforesaid  worshipful  vicar  is  as  follows: 

[Same  as  in  the  preceding  section,  with  the  addition  of  a 
curator  of  correspondence.] 


REGISTER   OF  DIGNITARIES.  37 

XXII. 
THE  VICAR  OF  THE  SEVEN    PROVINCES. 

Under  the  control  of  the  worshipful  vicar  of  the  Seven'-Provinces: 
Cousulars: 

ofVienne, 

of  Lyons, 

of  Germania  prima, 

of  Germania  secunda, 

of  Belgica  prima, 

of  Belgica  secunda. 
Presidents: 

of  the  Maritime  Alps, 

of  the  Pennine  and  Graian  Alps, 

of  Maxima  Sequanorum, 

of  Aquitanica  prima, 

of  Aquitanica  secunda, 

of  No  vera  populi, 

of  Narbonensis  prima, 

of  Narbonensis  secunda, 

of  Lugdunensis  secunda, 

of  Lugdunensis  tertia, 

of  Lugdunensis  Senonia. 
The  staff  of  the  aforesaid  worshipful  vicar  of  the  Seven  Provinces: 
[The  same  as  in  No.  XIX.] 

XXIII. 

THE  VICAR  OF  THE  BRITAINS. 

Under  the  control  of  the  worshipful  vicar  of  the  Britains: 
Consulars: 

of  Maxima  Csesariensis, 

of  Valentia. 
Presidents: 

of  Britannia  prima, 

of  Britannia  secunda, 

of  Flavia  Csesariensis. 
The  staff  of  the  same  worshipful  vicar  is  as  follows: 
[The  same  as  in  No.  XIX.] 


38  TRANSLATIONS  AND   REPRINTS. 

XXVI. 
THE  COUNT  OF  TINGITANIA. 

Under  the  control  of  the  worshipful  count  of  Tingitania: 
Borderers: 

[One  prefect   of   a  squadron,  and   seven   tribunes  of 
cohorts.]  * 
The  staff  of  the  same  worshipful  count  is  as  follows: 

A  chief  of  staff  from  the  staffs  of  the  masters  of  the  soldiery 
in  the  presence;  one  year  from  that  of  the  master  of  foot, 
the  other  from  that  of  the  master  of  horse. 
A  custodian  as  above, 

Two  accountants,  in  alternate  years  from  the  aforesaid  staffs, 
A  chief  deputy, 
A  chief  assistant, 
An  assistant, 
A  registrar, 
Secretaries, 
Notaries  and  other  officials. 

XXXVII. 

THE   DUKE   OF  THE  ARMORICAN  TRACT. 

Under  the  control  of  the  worshipful  duke  of  the  Armorican  and 
Nervican  tract: 

[One  tribune  of  a  cohort  and  nine  military  prefects.]* 
The  Armorican  and  Nervican  tract  is  extended  to  include  the 
Five  Provinces: 

Aquitanica    prima   and    secunda,    L,ugdunensis    Senonia, 
secunda  and  tertia. 
The  staff  of  the  same  worshipful  duke  includes: 

A  chief  of  staff  from  the  staffs  of  the  masters  of  soldiery  in 

the  presence  in  alternate  years, 
An  accountant  from  the  staff  of  the  master  of  foot  for  one 

year, 
A  custodian  from  the  aforesaid  staffs  in  alternate  years, 
A  chief  assistant, 
An  assistant, 
A  registrar, 
Secretaries, 
Notaries  and  other  officials. 

*  Enumeration  omitted. 


REGISTER  OF  DIGNITARIES.  39 

Xlttll. 

THE)  consular  OF  CAMPANIA. 

Under  the  control  of  the  right  honorable  consular  of  Campania: 

The  province  of  Campania. 
His  staff  is  as  follows: 

A  chief  of  staff  from  the  staff  of  the  pretorian  prefect  of 

Italy, 
A  chief  deputy, 
Two  accountants, 
A  chief  assistant, 
A  custodian, 
A  keeper  of  the  records, 
An  assistant, 

Secretaries  and  other  cohortaUniy  who  are  not  allowed  to 
pass  to  another  service  without  the  permission  of  the  im- 
perial clemency. 
All  the  other  consulars  have  a  staff  like  that  of  the  consular  oi 
Campania. 

XLIV. 

THE   CORRECTOR  OF  APULIA  AND   CALABRIA. 

Under   the   jurisdiction   of   the   right    honorable   corrector   of 
Apulia  and  Calabria: 

The  province  of  Apulia  and  Calabria. 
His  staff  is  as  follows: 

A  chief  of  the  same  staff, 
A  chief  deputy, 
Two  accountants, 
A  custodian, 
A  chief  assistant, 
A  keeper  of  the  records, 
An  assistant, 

Secretaries  and  other  cohortalini,  who  are  not  allowed  to 
pass  to  another  service  without  the  permission  of  the  im- 
perial clemency. 
The  other  correctors  have  a  staff  like  that  of  the  corrector  of 
Apulia  and  Calabria. 


4-0  TRANSLATIONS   AND   REPRINTS. 

XLV. 

THE  PRESIDENT  OF  DALMATIA. 

Under  the  jurisdiction  of  the  honorable1  president  of  Dalmatia: 

The  province  of  Dalmatia. 
His  staff  is  as  follows: 

[The  same  as  in  No.  XI.IV.] 
The  other  presidents  have  a  staff  like  that  of  the  president  of 
Dalmatia. 

BIBLIOGRAPHICAL   NOTE. 

Booking,  Edward:    Notitia   Dignitatum.     3  vol?.     Text,  notes  and  index, 

pp.  lxvi,  540,  1210;  192.     Bonn,  1839-1853.     Latin. 

The  only  thorough  commentary;  the  text  is  superseded  by  the  edition 
next  mentioned. 

Seeck,    Otto:    Notitia    Dignitatum.     1    vol.,    pp.    xxx,    339.     Berlin,    1876. 
Latin.     Contains  also  the  Notitia  urbis  Constantinopolitanse,  Latereulus 
Veronensis,  Latereulus  Polemii  Sylvii,  Notitia  Galliarum;  the  last  three 
being  lists  of  dioceses  and  provinces. 
The  standard  edition  of  the  text. 

Gothofredus,  Jacobus :  Codex  Theodosianus  cum  perpetuis  commentariis. 
6  vols,  in  three,  folio,  pp.  excix,  462,  666;  538,  619;  422,  436.     L)ons, 
1665. 
Indispensable  as  a  commentary  on  the  Notitia. 

Haenel,   Gustav    Friedrich :    Codex    Theodosianus.     Bonn,   1842 ;    revised, 
1882.     The  text  only,  with  critical  apparatus. 

Gibbon,  Edward:  The  Decline  and  Fall  of  the  Roman  Empire,  edited  by 

J.  B.  Bury. 

Of  special  value  as  interpretative  of  the  Notitia  are  appendices  10-13, 
and  chap,  xvii,  in  vol.  ii. 

Bury,  J.  B.:    A  History  of  the  Later  Roman  Empire.     2  vols.     London, 
1889.     Chap,  iv  bears  on  the  organization  of  the  empire. 

Hodgkin,    Thomas:    Italy    and    Her    Invaders.     8  vols.     London,   1892-9. 
Book  I,  chap,  xii,  treats  the  subject-matter  of  the  Notitia. 

1  Perfectissimus.     The  only  instance  of  this  rank — a  grade  lower  than 
clarissimus,  "right  honorable" — in  the  Notitia. 


Translations  and  Reprints 


FROM  THE 


ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


VOI*  VI.  UWS  OF  CHARGES  THE  GREAT.  No.  5. 

TABLE  OF  CONTENTS. 

PAGE 

"Capitulatio  de  partibus  Saxoniae" 2 

Capitularies  relating  to  the  Army 6 

Letter  of  Charles  to  Abbot  Fulrad u 

Capitularies  relating  to  Education 12 

Letter  of  Charles  "De  litteris  colendis" 12 

"Karoli  Epistola  Generalis" 14 

General  Capitulary  for  the  Missi,  802      16 

Division  of  the  Kingdoms,  806 27 


INTRODUCTORY  NOTE. 

All  of  these  documents  are  translated  from  the  Capitularia  Regum  Fran- 
corutn,  edited  by  Boretius,  in  Volume  I.  of  Section  2,  of  the  Legum  in  the 
Monumenta  Germaniae  Historica,  published  at  Hanover,  1882.  Suggestions 
as  to  the  translation  of  some  of  the  laws  have  been  borrowed  from  various 
works,  German,  French,  Latin  and  English.  The  text  of  the  "General 
Capitulary  for  the  Missi"  is  so  hopelessly  corrupt  that  no  accurate  transla- 
tion can  be  made.  In  parts,  as  Boretius  says,  it  is  difficult  to  know  what  the 
laws  mean.  In  many  passages  it  is  necessary  to  edit  the  text  before  trans- 
lating it. 

No  bibliography  has  been  attempted.  The  works  on  this  subject  are 
very  numerous,  and  many  of  them  are  strictly  technical.  An  uuannotated 
list  would  be  of  little  value;  a  list  with  annotations  would  require  too  much 
space.     Mombert's  Charles  the  Great  is  still  the  best  work  in  English. 

Extracts  from  the  capitulary  De  Villis  and  an  "Inventory  of  an  Estate  of 
Charles  the  Great"  can  be  found  in  Vol.  III.,  No.  2,  of  this  series. 


2  TRANSLATIONS  AND   REPRINTS. 

CAPITULATIO  DE  PARTIBUS  SAXONIES.    775-790. 
Boretius,  No.  26,  p.  68.     Latin. 

First,  concerning  the  greater  chapters  it  has  been  enacted. 

It  was  pleasing  to  all  that  the  churches  of  Christ,  which  are 
now  being  built  in  Saxony  and  consecrated  to  God,  should  not 
have  less,  but  greater  and  more  illustrious  honor,  than  the  fanes 
of  the  idols  had  had. 

2.  If  any  one  shall  have  fled  to  a  church  for  refuge,  let  no  one 
presume  to  expel  him  from  the  church  by  violence,  but  he  shall  be 
left  in  peace  until  he  shall  be  brought  to  the  judicial  assemblage; 
and  on  account  of  the  honor  due  to  God  and  the  saints,  and  the 
reverence  due  to  the  church  itself,  let  his  life  and  all  his  members 
be  granted  to  him.  Moreover,  let  him  plead  his  cause  as  best  he 
can  and  he  shall  be  judged;  and  so  let  him  be  led  to  the  presence 
of  the  lord  king,  and  the  latter  shall  send  him  where  it  shall  have 
seemed  fitting  to  his  clemency. 

3.  If  any  one  shall  have  entered  a  church  by  violence  and  shall 
have  carried  off  anything  in  it  by  force  or  theft,  or  shall  have 
burned  the  church  itself,  let  him  be  punished  by  death. 

4.  If  any  one,  out  of  contempt  for  Christianity,  shall  have  de- 
spised the  holy  Lenten  fast  and  shall  have  eaten  flesh,  let  him  be 
punished  by  death.  But,  nevertheless,  let  it  be  taken  into  con- 
sideration by  a  priest,  lest  perchance  any  one  from  necessity  has 
been  led  to  eat  flesh. 

5.  If  any  one  shall  have  killed  a  bishop  or  priest  or  deacon,  let 
him  likewise  be  punished  capitally. 

6.  If  any  one  deceived  by  the  devil  shall  have  believed,  after 
the  manner  of  the  pagans,  that  any  man  or  woman  is  a  witch  and 
eats  men,  and  on  this  account  shall  have  burned  the  person,  or 
shall  have  given  the  person's  flesh  to  others  to  eat,  or  shall  have 
eaten  it  himself,  let  him  be  punished  by  a  capital  sentence. 

7.  If  any  one,  in  accordance  with  pagan  rites,  shall  have  caused 
the  body  of  a  dead  man  to  be  burned  and  shall  have  reduced  his 
bones  to  ashes,  let  him  be  punished  capitally. 

8.  If  any  one  of  the  race  of  the  Saxons  hereafter  concealed 
among  them  shall  have  wished  to  hide  himself  unbaptized,  and 
shall  have  scorned  to  come  to  baptism  and  shall  have  wished  to 
remain  a  pagan,  let  him  be  punished  by  death. 

9.  If  any  one  shall  have  sacrificed  a  man  to  the  devil,  and  after 


CAPITULATIO   DE   PARTIBU$  SAXONEvE.  3 

the  manner  of  the  pagans  shall  have  presented  him  as  a  victim  to 
the  demons,  let  him  be  punished  by  death. 

10.  If  any  one  shall  have  formed  a  conspiracy  with  the  pagans 
against  the  Christians,  or  shall  have  wished  to  join  with  them  in 
opposition  to  the  Christians,1  let  him  be  punished  by  death;  and 
whosoever  shall  have  consented  to  this  same  fraudulently  against 
the  king  and  the  Christian  people,  let  him  be  punished  by  death. 

ii.  If  any  one  shall  have  shown  himself  unfaithful  to  the  lord 
king,  let  him  be  punished  with  a  capital  sentence. 

12.  If  any  one  shall  have  ravished  the  daughter  of  his  lord,  let 
him  be  punished  by  death. 

13.  If  any  one  shall  have  killed  his  lord  or  lady,  let  him  be 
punished  in  a  like  manner. 

14.  If,  indeed,  for  these  mortal  crimes  secretly  committed  any 
one  shall  have  fled  of  his  own  accord  to  a  priest,  and  after  confes- 
sion shall  have  wished  to  do  penance,  let  him  be  freed  by  the 
testimony  of  the  priest  from  death. 

15.  Concerning  the  lesser  chapters  all  have  consented.  To  each 
church  let  the  parishioners2  present  a  house  and  two  mansi%  of 
land,  and  for  each  one  hundred  and  twenty  men,  noble  and  free, 
and  likewise  liti,  let  them  give  to  the  same  church  a  man-servant 
and  a  maid-servant. 

16.  And  this  has  been  pleasing,  Christ  being  propitious,  that 
whencesoever  any  receipts  shall  have  come  into  the  treasury, 
either  for  a  breach  of  the  peace  or  for  any  penalty  of  any  kind, 
and  in  all  income  pertaining  to  the  king,  a  tithe  shall  be  rendered 
to  the  churches  and  priests. 

17.  Likewise,  in  accordance  with  the  mandate  of  God,  we  com- 
mand that  all  shall  give  a  tithe  of  their  property  and  labor  to  the 
churches  and  priests;  let  the  nobles  as  well  as  the  freemen,  and 
likewise  the  Hit,  according  to  that  which  God  shall  have  given 
to  each  Christian,  return  a  part  to  God. 

18.  That  on  the  Lord's  day  no  meetings  and  public  judicial 
assemblages  shall  be  held,  unless  perchance  in  a  case  of  great 
necessity  or  when  war  compels  it,  but  all  shall  go  to  the  church 
to  hear  the  word  of  God,  and  shall  be  free  for  prayers  or  good 

1  Vel  cum  tilts  in  adversitate  christianorum  perdurare  voluerit. 

3  Pagenses  ad  ecclesiam  recurrentes. 

s  A  mansus  is,  according  to  Platz,  720  rods  long  and  30  broad. 


4  TRANSLATIONS  AND  REPRINTS. 

works.  Likewise,  also,  on  the  especial  festivals  they  shall  devote 
themselves  to  God  and  to  the  services  of  the  church,  and  shall 
refrain  from  secular  assemblies. 

19.  likewise,  it  has  been  pleasing  to  insert  in  these  decrees 
that  all  infants  shall  be  baptized  within  a  year;  and  we  have  de- 
creed this,  that  if  any  one  shall  have  despised  to  bring  his  infant 
to  baptism  within  the  course  of  a  year,  without  the  advice  or  per- 
mission of  the  priest,  if  he  is  a  noble  he  shall  pay  120  solidi  to  the 
treasury,  if  a  freeman  60,  if  a  litus  30. 

20.  If  any  one  shall  have  made  a  prohibited  or  illegal  marriage, 
if  a  noble  60  solidi,  if  a  freeman  30,  if  a  litus  15. 

21.  If  any  one  shall  have  made  a  vow  at  springs  or  trees  or 
groves,  or  shall  have  made  any  offering  after  the  manner  of  the 
heathen  and  shall  have  partaken  of  a  repast  in  honor  of  the 
demons,  if  he  shall  be  a  noble  60  solidi,  if  a  freeman  30,  if  a  litus 
15.  If,  indeed,  they  have  not  the  means  of  paying  at  once,  they 
shall  be  given  into  the  service  of  the  church  until  the  solidi  are 
paid. 

22.  We  command  that  the  bodies  of  Saxon  Christians  shall  be 
carried  to  the  church  cemeteries  and  not  to  the  mounds  of  the 
pagans. 

23.  We  have  ordered  that  diviners  and  soothsayers  shall  be 
given  to  the  churches  and  priests. 

24.  Concerning  robbers  and  malefactors  who  shall  have  fled 
from  one  county  to  another,  if  any  one  shall  receive  them  into 
his  power  and  shall  keep  them  with  him  for  seven  nights,  except 
for  the  purpose  of  bringing  them  to  justice,  let  him  pay  our  ban. 
Likewise,  if  a  count  shall  have  concealed  him  and  shall  be  unwill- 
ing to  bring  him  forward  so  that  justice  may  be  done  and  is  not 
able  to  excuse  himself  for  this,  let  him  lose  his  office. 

25.  Concerning  a  pledge:  that  no  one  shall  in  any  way  presume 
to  pledge  another,  and  whosoever  shall  do  this  shall  pay  the  ban. 

26.  That  no  one  shall  presume  to  impede  any  man  coming  to  us 
to  claim  justice;  and  if  anyone  shall  have  attempted  to  do  this, 
he  shall  pay  our  ban. 

27.  If  any  man  shall  not  have  been  able  to  find  a  fidejussor,  his 
property  shall  be  sequestrated  until  he  shall  present  a  fidejussor. 
If,  indeed,  he  shall  have  presumed  to  enter  into  his  own  dwelling 
in  defiance  of  the  ban,  he  shall  forfeit  either  ten  solidi  or  an  ox 
for  the  violation  of  the  ban  itself,  and  in  addition  he  shall  pay  the 


CAPlTUI<ATIO   DE  PARTIBUS  SAXONE^.  5 

sum  for  which  he  was  in  debt.  If,  indeed,  the  fidejussor  shall 
not  observe  the  day  fixed,  then  he  shall  suffer  as  much  loss  as 
his  proportion  of  the  guarantee  was;  moreover,  he  who  was  debtor 
to  the  fidejussor  shall  restore  double  the  loss  which  he  has  per- 
mitted the  fidejussor  to  incur. 

28.  Concerning  presents  and  gifts:  let  no  one  receive  gifts  to 
the  detriment  of  an  innocent  person;  and  if  any  one  shall  have 
presumed  to  do  this,  he  shall  pay  our  ban.  And  if  perchance  the 
count  shall  have  done  this  (may  it  not  happen !)  he  shall  lose  his 
office. 

29.  Let  all  the  counts  strive  to  preserve  peace  and  unity  with 
one  another;  and  if  perchance  any  discord  or  disturbance  shall 
have  arisen  between  them,  they  shall  not  on  this  account  neglect 
either  our  aid  or  profit.1 

30.  If  any  one  shall  have  killed  or  shall  have  aided  in  the  mur- 
der of  a  count,  his  property  shall  go  to  the  king,  and  he  shall  be- 
come the  serf  of  the  latter. 

31.  We  have  granted  the  authority  to  the  counts  within  their 
jurisdiction  of  inflicting  the  ban  of  60  solidi  for  revenge  (faida)  or 
the  greater  crimes;  for  the  lesser  crimes,  on  the  other  hand,  we 
have  fixed  the  ban  of  the  count  at  15  solidi. 

32.  If  any  one  owes  an  oath  to  any  man  whatsoever,  let  him 
duly  make  his  oaths  to  that  one  at  the  church  on  the  day  ap- 
pointed; and  if  he  shall  have  despised  to  take  the  oath,  let  him 
give  a  pledge,  and  let  him  who  was  contumacious  pay  fifteen 
solidi,  and  afterwards  let  him  fully  compound  for  his  act. 

33.  Concerning  perjuries,  let  it  be  according  to  the  law  of  the 
Saxons.* 

34.  We  have  forbidden  that  all  the  Saxons  shall  hold  public 
assemblies  in  general,  unless  perchance  our  missus  shall  have 
caused  them  to  come  together  in  accordance  with  our  command; 
but  each  count  shall  hold  judicial  assemblies  and  administer  jus- 
tice in  his  jurisdiction.  And  this  shall  be  cared  for  by  the  priests, 
lest  it  be  done  otherwise. 

1  Abel  substitutes  profedum  for  perfectum,  and  this  suggestion  has  been 
followed  in  the  translation. 

*  Death  penalty. 


6  TRANSLATIONS  AND   REPRINTS. 

CAPITULARIES  RELATING  TO  THE  ARMY. 

Capitulare  Haristallense.    779. 

Boretius,  No.  20,  p.  50.     Latin. 
Ch.  14.  Let  no  one  presume  to  gather  an  armed  following  (truste). 
Ch.  20.  Let  no  one  dare  to  sell  any  byrnies  outside  of  our  realm. 

Capitulare  Missorum.    803. 
Boretius,  No.  40,  p.  115.     Latin. 

Ch.  7.  Bucklers  and  byrnies  shall  not  be  given  to  the  mer- 
chants. 

Capitulare  Italicum.    801. 
Boretius,  No.  98,  p.  205.     Latin. 

Ch.  2.  De  haribanno.  If  any  free  man,  out  of  contempt  for  our 
command,  shall  have  presumed  to  remain  at  home  when  the 
others  go  to  war,  let  him  know  that  he  ought  to  pay  the  full 
hariban?iu?}i  according  to  the  law  of  the  Franks,  that  is,  sixty 
solidi.  Likewise,  also,  for  contempt  of  single  capitularies  which 
we  have  promulgated  by  our  royal  authority,  that  is,  any  one  who 
shall  have  broken  the  peace  decreed  for  the  churches  of  God, 
widows,  orphans,  wards,  and  the  weak,  shall  pay  the  fine  of  sixty 
solidi. 

Ch.  3.  Concerning  deserters.  If  any  one  shall  have  shown  him- 
self so  contumacious  or  haughty  as  to  leave  the  army  and  return 
home  without  the  command  or  permission  of  the  king,  that  is,  if 
he  is  guilty  of  what  we  call  in  the  German  language  herisliz,  he 
himself,  as  a  criminal,  shall  incur  the  peril  of  losing  his  life,  and 
his  property  shall  be  confiscated  for  our  treasury. 

Capitulare  Missorum  in  Theodonis  Villa  datum  secundum,  generate.  8oj  (?). 
Boretius,  No.  44,  p.  123.     Latin. 

Ch.  6.  Concerning  the  equipment  in  the  army  the  same  shall 
be  observed  as  we  have  previously  commanded  in  another  capitu- 
lary,1 and,  in  particular,  every  man  who  possesses  twelve  mansi 
shall  have  a  byrnie;  he  who  has  a  byrnie  and  shall  not  have 
brought  it  with  him  shall  lose  his  whole  benefice,  together  with 
the  byrnie. 

1  The  capitulary  referred  to  is  not  now  in  existence. 


CAPITULARIES   RELATING  TO  THE   ARMY.  7 

Ch.  7.  Concerning  the  merchants  who  go  to  the  countries  of 
the  Slavs  and  Avars,  whither  they  ought  to  go  on  their  business; 
that  is,  in  the  country  of  the  Saxons  as  far  as  Bardowiek,  which 
is  under  the  charge  of  Hredi ;  and  to  Schesel,  which  is  under  the 
charge  of  Madalgaudus  ;  and  to  Magdeburg,  which  is  under  the 
charge  of  Alio ;  and  to  Erfurt,  which  is  under  the  charge  of 
Madalgaudus  ;  and  to  Halazstat?  which  is  under  the  charge  of  the 
same  Madalgaudus ;  to  Forchheim  and  to  Pfreimt  and  to  Regens- 
burg,  which  are  under  the  charge  of  Audulfus ;  and  to  L,orsch, 
which  is  under  the  charge  of  Warnarius.  And  they  shall  not 
carry  arms  and  byrnies  for  sale;  but  if  they  shall  have  been  dis- 
covered carrying  any,  all  their  property  shall  be  taken  from  them; 
half  shall  go  to  the  royal  treasury,  the  other  half  shall  be  divided 
between  the  above-mentioned  missi  and  the  discoverer. 

Ch.  19  (p.  125).  Concerning  the  heribannum  we  will  that  our 
missi  ought  to  exact  it  faithfully  this  year  in  accordance  with  our 
command,  without  indulgence  for  any  person,  either  from  favors 
or  terror;  that  is,  that  they  shall  receive  the  lawful  fine,  namely, 
three  pounds,  from  each  man  who  has  six  pounds  in  gold,  silver, 
byrnies,  brazen  utensils,  clothing,  horses,  oxen,  cows,  or  other 
live  stock;  but  the  women  and  children  shall  not  be  deprived  of 
their  garments  for  this  fine.  Those  who  do  not  have  the  aforesaid 
property  to  the  value  of  more  than  three  pounds  shall  pay  thirty 
solidi ;  he  who  has  not  more  than  two  pounds,  ten  solidi ;  if, 
indeed,  any  one  has  not  more  than  one  pound,  five  solidi,  so  that 
he  may  be  able  again  to  prepare  himself  for  the  service  of  God 
and  for  our  need.  And  our  missi  shall  take  care  and  inquire 
diligently,  lest  through  any  evil  action  any  defraud  our  justice  by 
transferring  or  commending  their  property  to  others. 

Memoratorium  de  exercitu  in  Gallia  occidentali  pra*parando.    807. 
Boretius,  No.  48,  p.  134.     Latin. 

Ch.  1.  In  the  first  place,  all  who  seem  to  have  benefices  shall 
come  to  the  army. 

Ch.  2.  Each  free  man  who  seems  to  hold  five  mansi  shall  like- 
wise come  to  the  army;  and  he  who  holds  four  mansi  shall  do  the 
same;  and  he  who  seems  to  have  three  shall  likewise  go.  More- 
over, wherever  two  have  been  found  of  whom  each  seems  to  have 

*Not  in  existence  to-day;  it  was  near  Bamberg. 


8  TRANSLATIONS   AND   REPRINTS. 

two  mansi,  one  shall  equip  the  other,  and  the  one  of  them  who 
shall  be  better  able  shall  come  to  the  army.  And  where  two  shall 
have  been  found  of  whom  one  has  two  ma?isi  and  the  other  has 
one  mansuSy  they  shall  join  together  in  the  same  way  and  one 
shall  equip  the  other,  and  the  one  who  shall  be  better  able  shall 
come  to  the  army.  Wherever,  moreover,  three  shall  have  been 
found  of  whom  each  has  one  mansus,  two  shall  equip  the  third, 
the  one  of  them  who  is  better  able  shall  come  to  the  army.  Of 
those  who  have  half  a  mansus,  five  shall  equip  the  sixth.  And 
of  those  who  shall  have  been  found  so  poor  that  they  have  neither 
serfs  nor  their  own  property  in  lands,  and  yet  have  personal  prop- 
erty to  the  value  of  —  solidi,1  five  shall  prepare  a  sixth  [and 
where  two,  a  third  from  those  who  seem  to  have  small  possessions 
in  land].2  And  to  each  one  of  those  who  go  in  the  army  five 
solidi  shall  be  paid  by  the  aforesaid  poorer  ones  who  seem  to  have 
no  property  in  land.  And  let  no  one  abandon  his  lord  on  this 
account. 

Capitula  de  causis  diversis.    807  (?). 
Boretius,  No.  49,  p.  136.     Latin. 

Ch.  2.  If  it  shall  be  necessary  to  furnish  aid  against  the  Sara- 
cens of  Spain  or  the  Avars,  then  five  of  the  Saxons  shall  equip  a 
sixth;  and  if  it  shall  be  necessary  to  bear  aid  against  the  Bohem- 
ians, two  shall  equip  a  third;  if,  indeed,  there  is  need  of  defend- 
ing the  native  country  against  the  Sorbs,  then  all  shall  come 
together. 

Ch.  3.  From  the  Frisians  we  will  that  the  counts  and  our  vas- 
sals, who  seem  to  have  benefices,  and  all  the  horsemen  in  general, 
shall  come  well  prepared  to  our  assembly;  of  the  remaining  poorer 
men  six  shall  equip  a  seventh,  and  thus  they  shall  come  well  pre- 
pared for  war  to  the  aforesaid  assembly. 

Capitulare  missorum  de  exercitu  promovendo.    808. 

Boretius,  No.  50,  p.  136.     Latin. 

Ch.  i.  Every  free  man  who  has  four  mansi  of  his  own  property,  or 

as  a  benefice  from  any  one,  shall  equip  himself  and  go  to  the  army, 

either  with  his  lord,  if  the  lord  goes,  or  with  his  count.     He  who 

1  Amount  uncertain.     Boretius  thinks  it  should  be  100  solidi  or  five  pounds. 

2  Boretius  thinks  the  words  in  brackets  are  wrongly  placed  and  possibly 
ought  to  come  above  after  "  two  shall  equip  the  third." 


CAPITULARIES   RELATING  TO   THE   ARKY.  9 

has  three  mansi  of  his  own  property  shall  be  joined  to  a  man  who 
has  one  mansus,  and  shall  aid  him  so  that  he  may  serve  for  both. 
He  who  has  only  two  mansi  of  his  own  property  shall  be  joined  to 
another  who  likewise  has  two  mansit  and  one  of  them,  with  the 
aid  of  the  other,  shall  go  to  the  army.  He  who  has  only  one 
mansus  of  his  own  shall  be  joined  to  one  of  three  who  have  the 
same  and  shall  aid  him,  and  the  latter  shall  go  alone;  the  three 
who  have  aided  him  shall  remain  at  home. 

Ch.  4.  From  the  men  who  have  been  enfeoffed  by  the  counts 
the  following  are  to  be  excepted  and  are  not  commanded  to  pay 
the  ban:  two  who  shall  have  been  left  behind  with  the  wife  of  a 
count  and  twro  others  who  shall  have  been  commanded  to  remain 
to  guard  his  territory  and  to  perform  our  service.  In  this  case  we 
command,  however,  that  each  count  shall  leave  at  home  two  men 
to  guard  each  separate  territory  which  he  has,  in  addition  to  those 
two  who  remain  with  his  wife;  all  the  others,  without  any  excep- 
tion, he  shall  have  with  him,  or  if  he  remains  at  home,  he  shall 
order  them  to  proceed  with  the  one  w'ho  goes  to  the  army  in  his 
stead.  A  bishop  or  abbot  shall  leave  at  home  only  two  of  those 
who  are  enfeoffed  and  laymen. 

Capitulare  Bononiense.    811,  Oct. 
Boretius,  No.  74,  p.  166.     Latin. 

Ch.  3.  If  any  man  holding  an  office  under  us  shall  have  been 
summoned  to  the  host  and  shall  not  have  come  to  the  appointed 
muster,  he  shall  abstain  from  flesh  and  wine  for  as  many  days  as 
he  shall  have  been  proved  to  be  late  in  coming  to  the  appointed 
muster. 

Ch.  4.  If  any  one,  without  the  license  or  permission  of  the 
prince,  shall  have  returned  from  the  army,  the  Franks  call  this 
herisliz,  we  wish  the  ancient  law  to  be  preserved,  that  is,  he  shall 
be  punished  by  a  capital  sentence. 

Ch.  5.  If  any  one  of  those  who  hold  a  royal  benefice  shall  have 
abandoned  his  peer  proceeding  in  the  army  against  the  common 
enemies,  and  shall  have  been  unwilling  to  go  or  stay  wTith  him,  he 
shall  lose  his  office  and  benefice. 

Ch.  6.  That  in  the  host  no  one  shall  ask  his  peer  or  any  other 
man  to  drink.  And  if  any  drunken  person  shall  have  been  found 
in  the  army,  he  shall  be  so  excommunicated  that  in  drinking  he 


IO  TRANSLATIONS  AND   REPRINTS. 

shall  use  nothing  but  water  until  he  acknowledges  that  he  has 
acted  wrongly. 

Ch.  7.  Concerning  the  royal  vassals  who  serve  in  the  household 
at  the  present  time  and  yet  are  known  to  have  benefices,  it  has 
been  decided  that  those  who  remain  at  home  with  the  lord  em- 
peror shall  not  retain  their  vassals  in  the  household  with  them- 
selves, but  shall  permit  the  vassals  to  go  with  the  count  to  whose 
district  they  belong. 

Ch.  8.  It  has  been  enacted  that  the  preparation  for  serving  in 
the  army  shall  be  defined  and  continued  in  accordance  with  the 
ancient  custom,  namely,  victuals  for  a  three  months'  march  and 
arms  and  clothing  for  a  half-year.  But,  nevertheless,  it  has  been 
decided  that  this  shall  be  observed  in  the  following  manner,  so 
that  those  who  march  from  the  Rhine  to  the  Loire  shall  compute 
the  beginning  of  their  provision  from  the  Loire;  those,  indeed, 
who  make  their  journey  from  the  Loire  to  the  Rhine  shall  com- 
pute their  victuals  for  the  three  months  from  the  Rhine;  those, 
moreover,  who  dwell  across  the  Rhine  and  proceed  through  Sax- 
ony shall  know  that  the  Elbe  is  their  boundary;  and  those  who 
remain  across  the  Loire  and  ought  to  go  to  Spain  shall  know  that 
the  Pyrenees  Mountains  are  their  boundary. 

Ch.  9.  If  it  shall  have  been  learned  that  any  free  man  has  not 
been,  during  the  present  year,  in  the  army  with  his  lord,  he  shall 
be  compelled  to  pay  the  full  heribannum.  And  if  his  lord  or 
count  shall  have  permitted  him  to  remain  at  home,  the  former 
shall  pay  the  same  fine  on  his  account;  and  as  many  heribanni 
shall  be  demanded  as  he  has  allowed  men  to  remain  at  home. 
And  because  in  the  present  year  we  have  allowed  each  lord  to 
leave  two  of  his  men  at  home,  we  will  that  these  shall  be  shown 
to  our  missi,  because  we  have  granted  the  heribannum  to  these 
alone. 

Ch.  10.  It  has  been  enacted  that  no  bishop  or  abbot  or  abbess, 
or  any  rector  or  guardian  of  a  church,  shall  presume  without  our 
permission  to  give  or  sell  a  byrnie  or  sword  to  any  man  outside, 
except  only  to  his  own  vassals.  And  if  it  shall  happen  that  he 
has  in  any  church  or  sacred  place  more  byrnies  than  are  sufficient 
for  the  men  who  guard  the  same  church,  then  the  same  rector 
of  the  church  shall  ask  the  king  what  ought  to  be  done  with 
these. 


LETTER   OF   CHARLES   TO   ABBOT   FULRAD.  II 

Capitulare  Aquisgranense.     801-813. 
Bore  this,  No.  77,  p.  170.     Latin. 

Ch.  9.  Concerning  going  to  the  army;  the  count  in  his  county 
under  penalty  of  the  ban,  and  each  man  under  penalty  of  sixt> 
solidi  shall  go  to  the  army,  so  that  they  come  to  the  appointed 
muster  at  that  place  where  it  is  ordered.  And  the  count  himself 
shall  see  in  what  manner  they  are  prepared,  that  is,  each  one 
shall  have  a  lance,  shield,  bow  with  two  strings,  twelve  arrows. 
And  the  bishops,  counts,  abbots  shall  oversee  their  own  men  and 
shall  come  on  the  day  of  the  appointed  muster  and  there  show 
how  they  are  prepared.  Let  them  have  breast-plates  or  helmets, 
and  let  them  proceed  to  the  army,  that  is,  in  the  summer. 

Ch.  10.  That  the  equipments  of  the  king  shall  be  carried  in 
carts,  also  the  equipments  of  the  bishops,  counts,  abbots  and 
nobles  of  the  king ;  flour,  wine,  pork  and  victuals  in  abundance, 
mills,  adzes,  axes,  augers,  slings,  and  men  who  know  how  to  use 
these  well.  And  the  marshals  of  the  king  shall  add  stones  for 
these  on  twenty  beasts  of  burden,  if  there  is  need.  And  each  one 
shall  be  prepared  for  the  army  and  shall  have  plenty  of  all  uten- 
sils. And  each  count  shall  save  two  parts  of  the  fodder  in  his 
county  for  the  army's  use,  and  he  shall  have  good  bridges,  good 
boats. 

LETTER  OF  CHARLES  TO  ABBOT  FULRAD.    804-811. 
Boretius,  No.  75,  p.  168.     Latin. 

In  the  name  of  the  Father,  Son  and  Holy  Ghost.  Charles, 
most  serene,  august,  crowned  by  God,  great  pacific  Emperor,  and 
also,  by  God's  mercy,  King  of  the  Franks  and  Lombards,  to 
Abbot  Fulrad. 

Be  it  known  to  you  that  we  have  decided  to  hold  our  general 
assembly  this  year  in  the  eastern  part  of  Saxony,  on  the  river 
Bode,  at  the  place  which  is  called  Stassfurt.  Therefore,  we  have 
commanded  you  to  come  to  the  aforesaid  place,  with  all  your  men 
well  armed  and  prepared,  on  the  fifteenth  day  before  the  Kalends 
of  July,  that  is,  seven  days  before  the  festival  of  St.  John  the 
Baptist.  Come,  accordingly,  so  equipped  with  your  men  to  the 
aforesaid  place  that  thence  you  may  be  able  to  go  well  prepared 
in  any  direction  whither  our  summons  shall  direct;  that  is,  with 
arms  and  gear  also,  and  other  equipment  for  war  in  food  and 


12  TRANSLATIONS   AND   REPRINTS. 

clothing.  So  that  each  horseman  shall  have  a  shield,  lance, 
sword,  dagger,  bow  and  quivers  with  arrows;  and  in  your  carts 
utensils  of  various  kinds,  that  is,  axes,  planes,  augers,  boards, 
spades,  iron  shovels,  and  other  utensils  which  are  necessary  in  an 
army.  In  the  carts  also  supplies  of  food  for  three  months,  dating 
from  the  time  of  the  assembly,  arms  and  clothing  for  a  half-year. 
And  we  command  this  in  general,  that  you  cause  it  to  be  observed 
that  you  proceed  peacefully  to  the  aforesaid  place,  through  what- 
ever part  of  our  realm  your  journey  shall  take  you,  that  is,  that 
you  presume  to  take  nothing  except  fodder,  wood  and  water;  and 
let  the  men  of  each  one  of  your  vassals  march  along  with  the 
carts  and  horsemen,  and  let  the  leader  always  be  with  them  until 
they  reach  the  aforesaid  place,  so  that  the  absence  of  a  lord  may 
not  give  an  opportunity  to  his  men  of  doing  evil. 

Send  your  gifts,  which  you  ought  to  present  to  us  at  our 
assembly  in  the  middle  of  the  month  of  May,  to  the  place  where 
we  then  shall  be;  if  perchance  your  journey  shall  so  shape  itself 
that  on  your  march  you  are  able  in  person  to  present  these  gifts 
of  yours  to  us,  we  greatly  desire  it.  See  that  you  show  no  negli- 
gence in  the  future  if  you  desire  to  have  our  favor. 

CAPITULARIES  RELATING  TO  EDUCATION. 

LETTER  OF  CHARLES  "BE  LITTERIS  COLENDIS."    780-800. 
Boretius,  No.  29,  p.  78.     Latin. 

Charles,  by  the  grace  of  God,  King  of  the  Franks  and  Lombards 
and  Patrician  of  the  Romans,  to  Abbot  Baugulf  and  to  all  the  con- 
gregation, also  to  the  faithful  committed  to  you,  we  have  directed 
a  loving  greeting  by  our  ambassadors  in  the  name  of  omnipotent 
God. 

Be  it  known,  therefore,  to  your  devotion  pleasing  to  God,  that 
we,  together  with  our  faithful,  have  considered  it  to  be  useful  that 
the  bishoprics  and  monasteries  entrusted  by  the  favor  of  Christ  to 
our  control,  in  addition  to  the  order  of  monastic  life  and  the  inter- 
course of  holy  religion,  in  the  culture  of  letters  also  ought  to  be 
zealous  in  teaching  those  who  by  the  gift  of  God  are  able  to  learn, 
according  to  the  capacity  of  each  individual,  so  that  just  as  the 
observance  of  the  rule  imparts  order  and  grace  to  honesty  of 
morals,  so  also  zeal  in  teaching  and  learning  may  do  the  same  for 


CAPITULARIES   RELATING   TO   EDUCATION.  1 3 

sentences,  so  that  those  who  desire  to  please  God  by  living  rightly 
should  not  neglect  to  please  him  also  by  speaking  correctly.  For 
it  is  written:  "Either  from  thy  words  thou  shalt  be  justified  or 
from  thy  words  thou  shalt  be  condemned."  l  For  although  cor- 
rect conduct  may  be  better  than  knowledge,  nevertheless  knowl- 
edge precedes  conduct.  Therefore,  each  one  ought  to  study  what 
he  desires  to  accomplish,  so  that  so  much  the  more  fully  the  mind 
may  know  what  ought  to  be  done,  as  the  tongue  hastens  in  the 
praises  of  omnipotent  God  without  the  hindrances  of  errors. '  For 
since  errors  should  be  shunned  by  all  men,  so  much  the  more 
ought  they  to  be  avoided  as  far  as  possible  by  those  who  are 
chosen  for  this  very  purpose  alone,  so  that  they  ought  to  be  the 
especial  servants  of  truth.  For  when  in  the  years  just  passed 
letters  were  often  written  to  us  from  several  monasteries  in  which 
it  was  stated  that  the  brethren  who  dwelt  there  offered  up  in  our 
behalf  sacred  and  pious  prayers,  we  have  recognized  in  most  of 
these  letters  both  correct  thoughts  and  uncouth  expressions;  be- 
cause what  pious  devotion  dictated  faithfully  to  the  mind,  the 
tongue,  uneducated  on  account  of  the  neglect  of  study,  was  not 
able  to  express  in  the  letter  without  error.  "W  hence  it  happened 
that  we  began  to  fear  lest  perchance,  as  the  skill  in  writing  was 
less,  so  also  the  wisdom  for  understanding  the  Holy  Scriptures 
might  be  much  less  than  it  rightly  ought  to  be.  1  And  we  all 
know  well  that,  although  errors  of  speech  are  dangerous,  far 
more  dangerous  are  errors  of  the  understanding.  Therefore,  we 
exhort  you  not  only  not  to  neglect  the  stiKty  of  letters,  but  also 
with  most  humble  mind,  pleasing  to  God,  to  study  earnestly  in 
order  that  you  may  be  able  more  easily  and  more  correctly  to 
penetrate  the  mysteries  of  the  divine  Scriptures.  Since,  more- 
over, images,  tropes  and  similar  figures  are  found  in  the  sacred 
pages,  no  one  doubts  that  each  one  in  reading  these  will  under- 
stand the  spiritual  sense  more  quickly  if  previously  he  shall  have 
been  fully  instructed  in  the  mastery  of  letters.  Such  men  truly 
are  to  be  chosen  for  this  work  as  have  both  the  will  and  the  ability 
to  learn  and  a  desire  to  instruct  others.  And  may  this  be  done 
with  a  zeal  as  great  as  the  earnestness  with  which  we  command  it. 
For  we  desire  you  to  be,  as  it  is  fitting  that  soldiers  of  the  church 
should  be,  devout  in  mind,  learned  in  discourse,  chaste  in  conduct 

1  Matthew,  xii.  37.  , 


14  TRANSLATIONS   AND   REPRINTS. 

and  eloquent  in  speech,  so  that  whosoever  shall  seek  to  see  you 
out  of  reverence  for  God,  or  on  account  of  your  reputation  for  holy 
conduct,  just  as  he  is  edified  by  your  appearance,  may  also  be  in- 
structed by  your  wisdom,  which  he  has  learned  from  your  reading 
or  singing,  and  may  go  away  joyfully  giving  thanks  to  omnipotent 
God.  Do  not  neglect,  therefore,  if  you  wish  to  have  our  favor,  to 
send  copies  of  this  letter  to  all  your  suffragans  and  fellow-bishops 
and  to  all  the  monasteries.  [And  let  no  monk  hold  courts  outside 
of  his  monastery  or  go  to  the  judicial  and  other  public  assem- 
blies.    Farewell.     (Lege?ts  valeat.)~\ 

Karoli  Epistola  Generalis.     786-800. 
Boretius,  No.  30,  p.  80.     Latin. 

Charles,  confiding  in  the  aid  of  God,  King  of  the  Franks  and 
Lombards,  and  Patrician  of  the  Romans,  to  the  religious  lectors 
subject  to  our  power. 

Since  the  divine  clemency  always  guards  us  at  home  and 
abroad,  in  the  issues  of  war  or  in  the  tranquillity  of  peace,  though 
human  insignificance  is  in  no  way  able  to  pay  back  His  benefits, 
nevertheless,  because  our  God  is  inestimable  in  His  mercy,  He 
approves  benignly  the  goodwill  of  those  devoted  to  His  service. 
Therefore,  because  we  take  care  constantly  to  improve  the  con- 
dition of  our  churches,  we  have  striven  with  watchful  zeal  to  ad- 
vance the  cause  of  learning,  which  has  been  almost  forgotten  by 
the  negligence  of  our  ancestors;  and,  by  our  example,  also  we 
invite  those  whom  we  can  to  master  the  study  of  the  liberal  arts. 
Accordingly,  God  aiding  us  in  all  things,  we  have  already  cor- 
rected carefully  all  the  books  of  the  Old  and  New  Testaments, 
corrupted  by  the  ignorance  of  the  copyists. 

Incited,  moreover,  by  the  example  of  our  father  Pippin,  of 
venerated  memory,  who  by  his  zeal  decorated  all  the  churches  of 
the  Gauls  with  the  songs  of  the  Roman  church,  we  are  careful  by 
our  skill  to  make  these  churches  illustrious  by  a  series  of  excel- 
lent lectionaries.  Finally,  because  we  have  found  the  lectionaries 
for  the  nocturnal  offices,  compiled  by  the  fruitless  labor  of  certain 
ones,  in  spite  of  their  correct  intention,  unsuitable  because  they 
were  written  without  the  words  of  their  authors  and  were  full  of 
an  infinite  number  of  errors,  we  cannot  suffer  in  our  days  discord- 
ant solecisms  to  glide  into  the  sacred  lessons  among  the  holy 
offices,  and  we  purpose  to  improve  these  lessons.     And  we  have 


CAPITULARIES   RELATING  TO  EDUCATION.  1 5 

entrusted  this  work  to  Paul  the  deacon,  our  friend  and  client. 
We  have  directed  him  to  peruse  carefully  the  sayings  of  the  cath- 
olic fathers  and  to  choose,  so  to  speak,  from  the  most  broad 
meadows  of  their  writings  certain  flowers,  and  from  the  most  use- 
ful to  form,  as  it  were,  a  single  garland.  He,  desiring  to  obey  de- 
voutly our  highness,  has  read  through  the  treatises  and  sermons 
of  the  different  catholic  fathers,  has  chosen  from  each  the  best, 
and  has  presented  to  us  in  two  volumes  lessons  suitable  for  the 
whole  year  and  for  each  separate  festival,  and  free  from  error. 
We  have  examined  the  text  of  all  these  with  our  wisdom,  we  have 
established  these  volumes  by  our  authority,  and  we  deliver  them 
to  your  religion  to  be  read  in  the  churches  of  Christ.1 

Admonitio  Generalis.  y8g. 
Boretius,  No.  22,  pp.  59-60.  Latin. 
Ch.  72.  And  we  also  demand  of  your  holiness  that  the  ministers 
of  the  altar  of  God  shall  adorn  their  ministry  by  good  manners,  and 
likewise  the  other  orders  who  observe  a  rule  and  the  congregations 
of  monks.  We  implore  them  to  lead  a  just  and  fitting  life,  just  as 
God  Himself  commanded  in  the  Gospel.2  "Let  your  light  so 
shine  before  men  that  they  may  see  your  good  works  and  glorify 
your  Father  which  is  in  heaven,"  so  that  by  their  example  many 
may  be  led  to  serve  God;  and  let  them  join  and  associate  to 
themselves  not  only  children  of  servile  condition,  but  also  sons  of 
free  men.  And  let  schools  be  established  in  which  boys  may 
learn  to  read.  Correct  carefully  the  Psalms,  the  signs  in  writing 
(notas),  the  songs,  the  calendar,  the  grammar,  in  each  monastery 
or  bishopric,  and  the  catholic  books;  because  often  some  desire  to 
pray  to  God  properly,  but  they  pray  badly  because  of  the  incorrect 
books.  And  do  not  permit  your  boys  to  corrupt  them  in  reading 
or  writing.  If  there  is  need  of  writing  the  Gospel,  Psalter  and 
Missal,  let  men  of  mature  age  do  the  writing  with  all  diligence. 

Capitulare  Missorum.    803. 
Boretius,  No.  40,  p.  115.     Latin. 
Ch.  2.  Priests  shall  not  be  ordained  without  an  examination.8 

1  Cf.  Ebert,  Literatur  des  Mittelalters,  Vol.  II,  p.  47,  for  long  continued 
use  of  Paul's  compilation. 
"Matthew,  v.  16. 
8  See  Boretius,  pp.  234  and  235,  for  what  priests  were  required  to  know. 


l6  TRANSLATIONS   AND   RKPRINT3. 

And  excommunications  shall  not  be  ordered  at  random  and  with- 
out cause. 

Capitulare  Missorum.    802-813. 
Boretius,  No.  60,  p.  147.     Latin. 

Ch.  2.  [We  will  and  command]  that  laymen  shall  learn  thor- 
oughly the  creed  and  the  Lord's  prayer. 

GENERAL  CAPITULARY  FOR  THE  MISSI     802. 
Boretius,  No.  33,  pp.  91-99.     Latin. 

First  chapter.  Concerning  the  embassy  sent  out  by  the  lord 
emperor.  Therefore,  the  most  serene  and  most  Christian  lord 
emperor  Charles  has  chosen  from  his  nobles  the  wisest  and  most 
prudent  men,  both  archbishops  and  some  of  the  other  bishops 
also,  and  venerable  abbots  and  pious  laymen,  and  has  sent  them 
throughout  his  whole  kingdom,  and  through  them  by  all  the  fol- 
lowing chapters  has  allowed  men  to  live  in  accordance  with  the 
correct  law.  Moreover,  where  anything  which  is  not  right  and 
just  has  been  enacted  in  the  law,  he  has  ordered  them  to  inquire 
into  this  most  diligently  and  to  inform  him  of  it;  he  desires,  God 
granting,  to  reform  it.  And  let  no  one,  through  his  cleverness  or 
astuteness,  dare  to  oppose  or  thwart  the  written  law,  as  many  are 
wont  to  do,  or  the  judicial  sentence  passed  upon  him,  or  to  do 
injury  to  the  churches  of  God  or  the  poor  or  the  widows  or  the 
wards  or  any  Christian.  But  all  shall  live  entirely  in  accordance 
with  God's  precept,  justly  and  under  a  just  rule,  and  each  one 
shall  be  admonished  to  live  in  harmony  with  his  fellows  in  his  bus- 
iness or  profession;  the  canonical  clergy  ought  to  observe  in  every 
respect  a  canonical  life  without  heeding  base  gain,  nuns  ought  to 
keep  diligent  watch  over  their  lives,  laymen  and  the  secular 
clergy  ought  rightly  to  observe  their  laws  without  malicious 
fraud,  and  all  ought  to  live  in  mutual  charity  and  perfect  peace. 
And  let  the  missi  themselves  make  a  diligent  investigation  when- 
ever any  man  claims  that  an  injustice  has  been  done  to  him  by 
any  one,  just  as  they  desire  to  deserve  the  grace  of  omnipotent 
God  and  to  keep  their  fidelity  promised  to  Him,  so  that  entirely 
in  all  cases  everywhere,  in  accordance  with  the  will  and  fear  of 
God,  the}'-  shall  administer  the  law  fully  and  justly  in  the  case  of 
the  holy  churches  of  God  and  of  the  poor,  of  wards  and  widows 


GENERAL   CAPITULARY   F.OR  THE   MISSI.  17 

and  of  the  whole  people.  And  if  there  shall  be  anything  of  such 
a  nature  that  they,  together  with  the  provincial  counts,  are  not 
able  of  themselves  to  correct  it  and  to  do  justice  concerning  it,  they 
shall,  without  any  ambiguity,  refer  this,  together  with  their  re- 
ports, to  the  judgment  of  the  emperor;  and  the  straight  path  of 
justice  shall  not  be  impeded  by  any  one  on  account  of  flattery  or 
gifts  from  any  one,  or  on  account  of  any  relationship,  or  from  fear 
of  the  powerful. 

2.  Concerning  the  fidelity  to  be  promised  to- the  lord  emperor. 
And  he  commanded  that  every  man  in  his  whole  kingdom, 
whether  ecclesiastic  or  layman,  and  each  one  according  to  his  vow 
and  occupation,  should  now  promise  to  him  as  emperor  the  fidel- 
ity which  he  had  previously  promised  to  him  as  king;  and  all  of 
those  who  had  not  yet  made  that  promise  should  do  likewise, 
down  to  those  who  were  twelve  years  old.  And  that  it  shall  be 
announced  to  all  in  public,  so  that  each  one  might  know,  how 
great  and  how  many  things  are  comprehended  in  that  oath;  not 
merely,  as-  many  have  thought  hitherto,  fidelity  to  the  lord  em- 
peror as  regards  his  life,  and  not  introducing  any  enemy  into  his 
kingdom  out  of  enmity,  and  not  consenting- to  or  concealing  an- 
other's faithlessness  to  him;  but  that  all  may  know  that  this  oath 
contains  in  itself  this  meaning: 

3.  First,  that  each  one  voluntarily  shall  strive,  in  accordance 
with  his  knowledge  and  ability,  to  live  wholly  in  the  holy  service 
of  God  in  accordance  with  the  precept  of  God  and  in  accordance 
with  his  own  promise,  because  the  lord  emperor  is  unable  to  give 
to  all  individually  the  necessary  care  and  discipline. 

4.  Secondly,  that  no  man,  either  through  perjury  or  an}'  other 
wile  or  fraud,  on  account  of  the  flattery  or  gift  of  any  one,  shall 
refuse  to  give  back  or  dare  to  abstract  or  conceal  a  serf  of  the  lord 
emperor  or  a  district  or  land  or  anything  that  belongs  to  him ;  and 
that  no  one  shall  presume,  through  perjury  or  other  wile,  to  con- 
ceal or  abstract  his  fugitive  fiscaline  serfs  who  unjustly  and  frau- 
dulently say  that  the}'  are  free. 

5.  That  no  one  shall  presume  to  rob  or  do  any  injury  fraudu- 
lently to  the  churches  of  God  or  widows  or  orphans  or  pilgrims; 
for  the  lord  emperor  himself,  after  God  and  His  saints,  has  consti- 
tuted himself  their  protector  and  defender. 

6.  That  no  one  shall  dare  to  lay  waste  a  benefice  of  the  lord 
emperor,  or  to  make  it  his  own  property. 


1 8  TRANSLATIONS  AND   REPRINTS. 

7.  That  no  one  shall  presume  to  neglect  a  summons  to  war  from 
the  lord  emperor;  and  that  no  one  of  the  counts  shall  be  so  pre- 
sumptuous as  to  dare  to  dismiss  thence  any  one  of  those  who  owe 
military  service,  either  on  account  of  relationship  or  flattery  or 
gifts  from  any  one. 

8.  That  no  one  shall  presume  to  impede  at  all  in  any  way  a  ban 
or  command  of  the  lord  emperor,  or  to  dally  with  his  work  or  to 
impede  or  to  lessen  or  in  any  way  to  act  contrary  to  his  will  or 
commands.  And  that  no  one  shall  dare  to  neglect  to  pay  his 
dues  or  tax. 

9.  That  no  one,  for  any  reason,  shall  make  a  practice  in  court 
of  defending  another  unjustly,  either  from  any  desire  of  gain  when 
the  cause  is  weak,  or  by  impeding  a  just  judgment  by  his  skill  in 
reasoning,  or  by  a  desire  of  oppressing  when  the  cause  is  weak. 
But  each  one  shall  answrer  for  his  own  cause  or  tax  or  debt  unless 
any  one  is  infirm  or  ignorant  of  pleading;  for  these  the  missi  or 
the  chiefs  who  are  in  the  court  or  the  judge  who  knows  the  case 
in  question  shall  plead  before  the  court;  or  if  it  is  necessary,  such 
a  person  may  be  allowed  as  is  acceptable  to  all  and  knows  the  case 
well;  but  this  shall  be  done  wholly  according  to  the  convenience 
of  the  chiefs  or  missi  who  are  present.  But  in  every  case  it  shall 
be  done  in  accordance  with  justice  and  the  law;  and  that  no  one 
shall  have  the  power  to  impede  justice  by  a  gift,  reward,  or  any 
kind  of  evil  flattery  or  from  any  hindrance  of  relationship.  And 
that  no  one  shall  unjustly  consent  to  another  in  anything,  but 
that  with  all  zeal  and  goodwill  all  shall  be  prepared  to  carry  out 
justice. 

For  all  the  above  mentioned  ought  to  be  observed  by  the  impe- 
rial oath. 


10.  That  bishops  and  priests  shall  live  according  to  the  canons 
and  shall  teach  others  to  do  the  same. 

11.  That  bishops,  abbots,  abbesses,  who  are  in  charge  of  others, 
with  the  greatest  veneration  shall  strive  to  surpass  their  subjects 
in  this  diligence  and  shall  not  oppress  their  subjects  with  a  harsh 
rule  or  tyranny,  but  with  sincere  love  shall  carefully  guard  the 
flock  committed  to  them  with  mercy  and  charity  or  by  the  exam- 
ples of  good  works. 

12.  That  abbots  shall  live  where  the  monks  are  and  wholly 


GENERAL   CAPITULARY    FOR  THE   MISSI.  29 

with  the  monks,  in  accordance  with  the  rule,  and  shall  diligently 
learn  and  observe  the  canons;  the  abbesses  shall  do  the  same. 

13.  That  bishops,  abbots  and  abbesses  shall  have  advocates, 
vicars  and  cente7iariix  who  know  the  law  and  love  justice,  who  are 
pacific  and  merciful,  so  that  through  these  greater  profit  or  ad- 
vantage may  accrue  to  the  holy  church  of  God;  because  we  are 
entirely  unwilling  to  have  in  the  monasteries  harmful  and  greedy 
provosts  and  advocates,  from  whom  greater  blasphemy  or  injury 
may  arise  for  us.  But  they  shall  be  such  as  the  canonical  or  reg- 
ular institution  orders  them  to  be,  submissive  to  the  will  of  God 
and  always  ready  to  render  justice  to  all,  fully  observing  the  law 
without  malicious  fraud,  always  exercising  a  just  judgment  in  the 
case  of  all,  such  provosts  indeed  as  the  holy  rule  teaches  that 
they  should  be.  And  let  them  wholly  observe  this,  that  they 
shall  in  no  way  deviate  from  the  canonical  or  regular  norm,2  but 
shall  exhibit  humility  in  all  things.  If,  moreover,  they  shall 
have  presumed  to  do  otherwise,  let  them  feel  the  discipline  of  the 
rule;  and  if  they  shall  have  been  unwilling  to  amend  their  ways, 
they  shall  be  removed  from  the  provostship,  and  those  who  are 
more  worthy  shall  be  appointed  in  their  places. 

14.  That  bishops,  abbots  and  abbesses,  and  counts  shall  be 
mutually  in  accord,  following  the  law  in  order  to  render  a  just 
judgment  with  all  charity  and  unity  of  peace,  and  that  they  shall 
live  faithfully  in  accordance  with  the  will  of  God,  so  that  always 
everywhere  through  them  and  among  them  a  just  judgment  shall 
be  rendered.  The  poor,  widows,  orphans  and  pilgrims  shall  have 
consolation  and  defence  from  them;  so  that  we,  through  their 
good-will,  may  deserve  the  reward  of  eternal  life  rather  than  pun- 
ishment. 

15.  We  will  and  command  in  every  way  that  abbots  and  monks 
shall  be  subject  to  their  bishops  in  all  humilit}^  and  obedience, 
just  as  is  commanded  by  the  canonical  constitution.  And  all  the 
churches  and  basilicas  shall  remain  in  the  defense  and  power  of 
the  church.     And  no  one  shall  dare  to  divide  or  to  cast  lots  con- 

1 A  centenarius  is  the  ruler  of  a  centena  ;  the  latter  is  a  subdivision  of  a 
province  or  county. 

2  The  Latin  reads:  ut  nullatenus  a  quibus  tnagis  nobis  a  canonica  vel  reg- 
ulari  norma  discendant.  I  have  omitted  a  quibus  magis  nobis  because  I 
could  not  translate  it. 


2Q  TRANSLATIONS    AND    REPRINTS. 

cerning  the  property  of  the  basilicas.  And  what  has  once  been 
offered  shall  not  be  taken  back,  and  shall  be  sanctified  and  shall 
be  claimed  as  legal  property.  But  if  any  one  shall  have  presumed 
to  do  otherwise  he  shall  pay  and  make  good  our  ban.  And  the 
monks  shall  be  corrected  by  the  bishops  of  their  province;  but  if 
they  do  not  amend  their  ways  then  the  archbishop  shall  summon 
them  to  the  synod;  and  if  even  then  they  shall  not  have  amended 
their  ways,  then  they  shall  come  together  with  their  bishop  to 
our  presence. 

1 6.  Concerning  choosing  men  for  ordination,  just  as  the  lord 
emperor  had  formerly  granted  it,  by  the  law  of  the  Franks,  to  the 
bishops  and  abbots,  so  he  has  also  now  confirmed  it;  nevertheless, 
in  this  manner,  so  that  neither  a  bishop  nor  an  abbot  in  a  monas- 
tery shall  prefer  the  more  worthless  to  the  better,  and  he  shall  not 
desire  to  advance  any  one  before  his  betters  on  account  of  relation- 
ship or  any  flattery,  and  that  he  shall  not  lead  such  an  one  to  us 
to  be  ordained  when  he  has  a  better  concealed  and  kept  back;  we 
are  in  no  way  willing  that  this  should  be  done,  because  it  seems 
to  be  a  mockery  and  deceit  of  us.  But  in  the  monasteries  men 
of  such  a  character  are  to  be  prepared  for  ordination  that  reward 
and  profit  may  accrue  both  to  us  and  to  those  who  recommend 
them. 

17.  Moreover,  that  the  monks  shall  live  firmly  and  strictly  in 
accordance  with  the  rule,  because  we  know  that  any  one  whose 
goodwill  is  lukewarm  is  displeasing  to  God,  as  John  bears  witness 
in  the  Apocalypse:1  "I  would  that  thou  wert  cold  or  hot.  So 
then,  because  thou  art  lukewarm,  and  neither  cold  nor  hot,  I  will 
spue  thee  out  of  my  mouth."  Let  them  in  no  way  usurp  to 
themselves  secular  business.  They  shall  not  have  leave  to  go 
outside  of  their  monastery  at  all,  unless  compelled  by  a  very  great 
necessity;  but  nevertheless  the  bishops,  in  whose  diocese  they 
shall  be,  shall  take  care  in  every  way  that  they  do  not  get  accus- 
tomed to  wandering  outside  of  the  monastery.  But  if  it  shall  be 
necessary  for  any  one  to  go  outside  in  obedience  to  a  command, 
and  this  shall  be  done  with  the  counsel  and  consent  of  the  bishop, 
persons  of  such  character  shall  be  sent  out  with  a  certificate,  that 
there  may  be  no  suspicion  of  evil  in  them  and  that  no  evil  report 
may  arise  from  them.     For  the  property  and  business  outside  of 

xRev.,  iii.  15,  16. 


GENERAL  CAPITULARY   FOR  THE  MISSI.  21 

the  monastery  the  abbot,  with  the  permission  and  counsel  of  the 
bishop,  shall  ordain  who  shall  provide,  not  a  monk,  but  another 
of  the  faithful.1  Let  them  wholly  shun  secular  gain  or  a  desire 
for  worldly  affairs,  because  avarice  or  a  desire  for  this  world  ought 
to  be  shunned  by  all  Christians,  but  especially  by  those  who  seem 
to  have  renounced  the  world  and  its  lusts.  Let  no  one  presume 
in  any  way  to  incite  strifes  and  controversies,  either  within  or 
outside  of  the  monastery.  But  if  any  one  shall  have  presumed  to 
do  so,  he  shall  be  corrected  b}'  the  most  severe  discipline  of  the 
rule  and  in  such  a  manner  that  others  shall  fear  to  commit  such 
actions.  Let  them  entirely  shun  drunkenness  and  feasting,  be- 
cause it  is  known  to  all  that  from  these  men  are  especially  pol- 
luted by  lust.  For  a  most  pernicious  rumor  has  come  to  our  ears 
that  man}'  in  the  monasteries  have  already  been  detected  in  forni- 
cation and  in  abomination  and  uncleanness.  It  especially  saddens 
and  disturbs  us  that  it  can  be  said,  without  a  great  mistake,  that 
some  of  the  monks  are  understood  to  be  sodomites,  so  that  whereas 
the  greatest  hope  of  salvation  to  all  Christians  is  believed  to  arise 
from  the  life  and  chastity  of  the  monks,  damage  has  been  incurred 
instead.  Therefore,  we  also  ask  and  urge  that  henceforth  all 
shall  most  earnestly  strive  with  all  diligence  to  preserve  them- 
selves from  these  evils,  so  that  never  again  such  a  report  shall  be 
brought  to  our  ears.  And  let  this  be  known  to  all,  that  we  in  no 
way  dare  to  consent  to  those  evils  in  any  other  place  in  our  whole 
kingdom;  so  much  the  less,  indeed,  in  the  persons  of  those  whom 
we  desire  to  be  examples  of  chastity  and  moral  purity.  Certainly, 
if  any  such  report  shall  have  come  to  our  ears  in  the  future,  we 
shall  inflict  such  a  penalty,  not  only  on  the  guilty  but  also  on 
those  who  have  consented  to  such  deeds,  that  no  Christian  who 
shall  have  heard  of  it  will  ever  dare  in  the  future  to  perpetrate 
such  acts. 

1 8.  Monasteries  for  women  shall  be  firmly  ruled,  and  the  women 
shall  not  be  permitted  to  wander  about  at  all,  but  they  shall  be 
guarded  with  all  diligence,  and  they  shall  not  presume  to  arouse 
litigations  or  strife  among  themselves,  nor  shall  the}'  dare  to  be 
disobedient  or  refractory  in  any  way  toward  their  rulers  and 
abbesses.  Where,  moreover,  they  have  a  rule,  let  them  observe 
it  in  every  respect;  let  them  not  be  given  to  fornication  or  drunk- 

1  The  Latin  reads  non  monachum  nisi  alhim  Udelem. 


22  TRANSLATIONS  AND  REPRINTS. 

enness  or  lust,  but  let  them  live  justly  and  soberly  in  every  re- 
spect. And  into  their  cloisters  or  monasteries  let  no  man  enter, 
except  when  the  priest  enters  with  a  witness  to  visit  the  sick,  or 
for  the  mass  alone;  and  let  him  immediately  go  forth.  And  let 
no  one  from  another  place  enroll  his  daughter  in  the  congregation 
of  the  nuns  without  the  knowledge  and  consideration  of  the 
bishop  to  whose  diocese  that  place  pertains;  and  the  latter  shall 
diligently  inquire  why  she  desires  to  remain  in  the  holy  service  of 
God,  and  shall  confirm  her  residence  or  profession  in  that  place. 
Moreover,  maid-servants  belonging  to  other  men,  or  such  women 
as  are  [not]  willing  to  live  in  the  holy  congregation  in  accordance 
with  its  manner  of  life,  shall  be  wholly  cast  out  from  the  congre- 
gation. 

19.  That  no  bishops,  abbots,  priests,  deacons,  or  other  members 
of  the  clergy  shall  presume  to  have  dogs  for  hunting,  or  hawks, 
falcons  and  sparrow-hawks,  but  each  shall  observe  fully  the  can- 
ons or  rule  of  his  order.  If  anj^  one  shall  presume  to  do  so,  let 
him  know  that  he  shall  lose  his  office.  And  in  addition  he  shall 
suffer  such  punishment  for  it  that  the  others  will  be  afraid  to 
usurp  such  things  for  themselves. 

20.  That  abbesses,  together  with  their  nuns,  shall  live  within 
the  cloisters  in  concord  and  watchfully,  and  shall  never  presume 
to  go  outside  of  their  cloisters.  But  if  the  abbesses  wish  to  send 
any  nuns  out  of  the  cloisters,  they  shall  not  do  this  without  the 
consent  and  advice  of  their  bishops.  Likewise,  also,  when  there 
ought  to  be  any  ordinations  or  receptions  in  the  monasteries,  they 
shall  previously  discuss  these  fully  with  their  bishops;  and  the 
bishops  shall  announce  to  the  archbishop  what  seems  the  safer  or 
more  useful  way,  and  with  his  advice  they  shall  perform  what 
ought  to  be  done. 

21.  That  priests  and  the  remaining  canonical  clergy,  whom 
they  have  as  associates  in  their  ministry,  shall  be  wholly  subject 
to  their  bishops,  as  the  canonical  institution  orders;  let  them  con- 
sent to  be  taught  the  sacred  discipline  fully  by  their  bishops,  as 
they  desire  to  have  our  favor  or  their  own  offices. 

22.  Moreover,  the  canonical  clergy  shall  observe  fully  the 
canonical  life,  and  shall  be  instructed  at  the  episcopal  residence  or 
in  the  monastery  with  all  diligence  according  to  the  canonical  dis- 
cipline. They  shall  not  be  permitted  to  wander  outside  at  all, 
but  shall  live  under  strict  guardianship,  not  given  to  base  gain, 


GENERAL  CAPITULARY   FOR   THE   MISSI.  23 

not  fornicators,  not  thieves,  not  homicides,  not  robbers,  not  quar- 
relsome, not  wrathful,  not  proud,  not  drunken,  but  with  a  chaste 
heart  and  body,  humble,  modest,  sober,  merciful,  pacific,  that  as 
sons  of  God  they  may  be  worthy  to  be  promoted  in  the  sacred 
order;  not  in  the  villages  or  villas  near  to  or  adjoining  the 
churches,  without  a  master  and  without  discipline,  like  those  who 
are  called  sarabaites,  living  in  luxury  or  fornication  or  other  in- 
iquity, to  consent  to  which  is  absurd. 

23.  The  priests  shall  carefully  watch  over  the  clerks  whom  they 
have  with  them,  that  the  latter  live  according  to  the  canons;  that 
they  are  not  given  to  vain  sports  or  worldly  convivialities  or  songs 
or  luxuries;  but  that  they  live  chastely  and  healthfully. 

24.  If,  moreover,  any  priest  or  deacon  shall  presume  hereafter 
to  have  with  him  in  his  house  any  women  except  those  whom 
the  canonical  license  permits,  he  shall  be  deprived  of  both  his 
office  and  inheritance  until  he  be  brought  to  our  presence. 


25.  That  counts  and  cenienarii  shall  compel  all  to  do  justice  in 
every  respect,  and  shall  have  such  assistants  in  their  ministries  as 
they  can  securely  confide  in,  who  will  observe  law  and  justice 
faithfully,  who  will  oppress  the  poor  in  no  manner,  who  will  not 
dare  under  any  pretext,  on  account  of  flattery  or  reward,  to  con- 
ceal thieves,  robbers,  murderers,  adulterers,  magicians,  wizards 
or  witches,  and  all  sacrilegious  men,  but  instead  will  give  them 
up  that  they  may  be  punished  and  chastised  in  accordance  with 
the  law,  so  that,  God  granting  it,  all  of  these  evils  may  be  re- 
moved from  the  Christian  people. 

26.  That  judges  shall  judge  justly  in  accordance  with  the 
written  law,  and  not  according  to  their  own  will. 

27.  And  we  command  that  no  one  in  our  whole  kingdom  shall 
dare  to  deny  hospitality  to  rich  or  poor  or  pilgrims,  that  is,  no  one 
shall  deny  shelter  and  fire  and  water  to  pilgrims  traversing  our 
country  in  God's  name,  or  to  anyone  travelling  for  the  love  of 
God  or  for  the  safety  of  his  own  soul.  If,  moreover,  any  one 
shall  wish  to  serve  them  farther,  let  him  expect  the  best  reward 
from  God,  who  Himself  said:  "And  whoso  shall  receive  one  such 
little  child  in  my  name,  receiveth  me;"1  and  elsewhere:  "I  was 
a  stranger  and  ye  took  me  in."  * 

1  Matthew,  xviii.  5.  *  Matthew,  xxv.  35. 


24  TRANSLATIONS  AND  REPRINTS. 

28.  Concerning  embassies  coming  from  the  lord  emperor.  That 
the  counts  and  centenarii  shall  provide  most  carefully,  as  they 
desire  the  grace  of  the  lord  emperor,  for  the  missi  who  are  sent 
out,  so  that  they  may  go  through  their  departments  without  any 
delay;  and  he  commands  to  all  everywhere  that  they  ought  to  see 
to  it  that  no  delay  is  encountered  anywhere,  but  they  shall  cause 
them  to  go  on  their  way  in  all  haste  and  shall  provide  for  them 
in  such  a  manner  as  our  missi  may  direct. 

29.  Concerning  the  poor  to  whom  in  his  mercy  the  lord  emperor 
has  granted  the  ban  which  they  ought  to  pay,  that  the  judges, 
counts  or  our  missi  shall  not,  for  their  own  advantage,  have  the 
power  to  compel  them  to  pay  the  fine  which  has  been  granted  to 
them. 

30.  Concerning  those  whom  the  lord  emperor  wishes,  Christ 
being  propitious,  to  enjoy  peace  and  protection  in  his  kingdom, 
namely,  those  who  are  hastening  to  his  clemency,  either  Chris- 
tians or  pagans,  because  they  desire  to  announce  some  news,  or 
seeking  his  aid  on  account  of  their  poverty  or  hunger,  that  no  one 
shall  dare  to  constrain  them  to  serve  him,  or  to  seize  them,  or 
alienate  or  sell  them;  but  wherever  they  may  wish  to  remain 
voluntarily,  there  under  the  defence  of  the  lord  emperor  they 
shall  be  aided  in  his  mercy.  If  any  one  shall  have  presumed  to 
act  contrary  to  this,  let  him  who  has  so  presumptuously  despised 
the  commands  of  the  lord  emperor,  know  that  he  shall  suffer  the 
loss  of  his  life  for  it. 

31.  And  against  those  who  announce  the  justice  of  the  lord 
emperor,  let  no  one  presume  to  plot  any  injury  or  damage,  or  to 
stir  up  any  enmity.  But  if  any  one  shall  have  presumed,  let  him 
pay  the  imperial  ban  or,  if  he  deserves  a  heavier  punishment,  it 
is  commanded  that  he  shall  be  brought  to  the  emperor's  presence. 

32.  Murders,  by  which  a  multitude  of  the  Christian  people 
perishes,  we  command  in  every  way  to  be  shunned  and  to  be  for- 
bidden; God  Himself  forbade  to  His  followers  hatred  and  enmity, 
much  more  murder.  For  in  what  manner  does  any  one  trust  to 
placate  God,  who  has  killed  his  son  nearest  to  him?  In  what 
manner  truly  does  he,  who  has  killed  his  brother,  think  that  the 
Lord  Christ  will  be  propitious  to  him  ?  It  is  a  great  and  terrible 
danger  also  with  God  the  Father  and  Christ,  Lord  of  heaven  and 
earth,  to  stir  up  enmities  among  men  :  it  is  possible  to  escape  for 
some  time  by  remaining  concealed,  but  nevertheless  by  accident 


GENERAL   CAPITULARY   FOR   THE  MISSI.  25 

at  some  time  he  falls  into  the  hands  of  his  enemies ;  moreover, 
where  is  it  possible  to  flee  from  God,  to  whom  all  secrets  are 
manifest?  By  what  rashness  does  any  one  think  to  escape  His 
anger?  Wherefore,  lest  the  people  committed  to  us  to  be  ruled 
over  should  perish  from  this  evil,  we  have  taken  care  to  shun  this 
by  every  means  of  discipline  ;  because  he  who  shall  not  have 
dreaded  the  wrath  of  God,  shall  find  us  in  no  way  propitious  or  to 
be  placated ;  but  we  wish  to  inflict  the  most  severe  punishment 
upon  any  one  who  shall  have  dared  to  murder  a  man.  Neverthe- 
less, lest  sin  should  also  increase,  in  order  that  the  greatest 
enmities  may  not  arise  among  Christians,  when  by  the  persuasions 
of  the  devil  murders  happen,  the  criminal  shall  immediately 
hasten  to  make  amends  and  with  all  celerity  shall  pay  the  fitting 
composition  for  the  evil  done  to  the  relatives  of  the  murdered 
man.  And  we  forbid  firmly,  that  the  relatives  of  the  murdered 
man  shall  dare  in  any  way  to  continue  their  enmities  on  account 
of  the  evil  done,  or  shall  refuse  to  grant  peace  to  him  who  asks 
it,  but  having  given  their  pledges  they  shall  receive  the  fitting  com- 
position and  shall  make  a  perpetual  peace ;  moreover,  the  guilty 
one  shall  not  de^  to  pay  the  composition.  When,  moreover,  it 
shall  have  happened  on  account  of  sins  that  any  one  shall  have 
killed  his  brethren  or  his  neighbor,  he  shall  immediately  submit 
to  the  penance  imposed  upon  him,  and  just  as  his  bishop  arranges 
for  him,  without  any  ambiguity  ;  but  by  God's  aid  he  shall  desire 
to  accomplish  his  atonement  and  he  shall  compound  for  the  dead 
man  in  accordance  with  the  law,  and  shall  make  peace  in  every 
way  with  his  relatives ;  and  the  pledge  being  given,  let  no  one 
dare  thereafter  to  stir  up  enmity  against  him.  But  if  any  one 
shall  have  scorned  to  make  the  fitting  composition,  he  shall  be 
deprived  of  his  property  until  we  shall  render  our  decision. 

33.  We  prohibit  in  every  way  the  crime  of  incest.  But  if  any 
one  shall  have  been  contaminated  by  sinful  fornication,  he  shall 
b}-  no  means  be  released  without  severe  punishment,  but  for  this 
he  shall  be  corrected  in  such  a  manner  that  others  shall  fear  to  do 
likewise  and  that  uncleanness  shall  be  wholly  removed  from  the 
Christian  people,  and  that  the  guilty  man  shall  fully  atone  for 
this  by  penance,  just  as  his  bishop  shall  arrange  for  him ;  and 
the  woman  shall  be  placed  in  the  hands  of  her  parents  until  we 
render  our  judgment.  But  if  he  shall  have  been  unwilling  to 
consent  to  the  judgment  of  the  bishops  concerning  his  amend- 


26  TRANSLATIONS  AND  REPRINTS. 

rnent,  then  he  shall  be  brought  to  our  presence,  mindful  of  the 
example  which  was  made  concerning  the  incest  which  Fricco 
perpetrated  with  the  nun  of  God. 

34.  That  all  shall  be  fully  and  well  prepared,  whenever  our 
order  or  proclamation  shall  come.  But  if  any  one  shall  then  say 
that  he  was  unprepared  and  shall  have  neglected  our  command, 
he  shall  be  brought  to  the  palace  ;  and  not  only  he,  but  also  all 
who  dare  to  transgress  our  ban  or  command. 

35.  That  all  shall  wholly  venerate  their  bishops  and  priests 
with  all  honor  in  the  service  and  will  of  God.  That  they  shall 
not  dare  to  pollute  themselves  and  others  by  incestuous  nuptials; 
that  they  shall  not  presume  to  be  married  before  the  bishops  and 
priests  together  with  the  elders  of  the  people  have  inquired  dili- 
gently into  the  consanguinity  of  those  marrying ;  and  then  they 
shall  be  married  with  a  benediction.  Let  them  shun  drunkenness, 
avoid  greed,  commit  no  theft ;  let  them  wholly  shun  strifes  and 
contentions  and  blasphemies,  both  at  feasts  and  assemblies,  but 
let  them  live  in  charity  and  concord. 

36.  And  that  all  shall  be  entirely  of  one  mind  with  our  missi 
in  performing  justice  in  every  respect.  And  that  they  shall 
not  permit  the  use  of  perjury  at  all,  for  it  is  necessary  that  this 
most  evil  crime  shall  be  removed  from  the  Christian  people.  But 
if  any  one  after  this  shall  have  been  proved  a  perjurer,  let  him 
know  that  he  shall  lose  his  right  hand ;  and  they  shall  be  de- 
prived of  their  property  until  we  shall  render  our  decision. 

37.  That  those  who  shall  have  been  guilty  of  patricide  or 
fratricide,  or  who  shall  have  killed  a  maternal  or  paternal  uncle 
or  any  other  relative,  and  shall  have  been  unwilling  to  obey  and 
consent  to  the  judgment  of  the  bishops,  priests  and  other  judges, 
our  missi  and  counts,  for  the  safety  of  their  own  souls  and  in 
order  to  bring  about  a  just  judgment,  shall  be  kept  in  such  custody 
that  they  may  be  safe  and  may  not  infect  other  people  until  they 
are  led  to  our  presence  ;  and  from  their  own  property  in  the  mean- 
time they  shall  have  nothing. 

38.  And  let  this  likewise  be  done  with  those  who  have  been 
seized  in  illegal  and  incestuous  unions  and  corrected,  and  who 
are  not  willing  to  amend  their  ways  nor  to  obey  their  bishops  and 
priests,  and  who  presume  to  despise  our  ban. 

39.  That  in  our  forests  no  one  shall  dare  to  steal  our  game, 
which  we  have  already  many  times  forbidden  to  be  done ;  and 


DIVISION   OF   THE   KINGDOMS.  27 

now  we  again  strictly  forbid  that  any  one  shall  do  so  in  the  future; 
just  as  each  one  desires  to  preserve  the  fidelity  promised  to  us,  so 
let  him  take  heed  to  himself.  But  if  any  count  or  cenienaritis  or 
our  bassus  or  any  one  of  our  ministerial  shall  have  stolen  our 
game,  he  shall  be  brought  to  our  presence  without  fail  to  render 
account.  But  if  any  one  of  the  remaining  people  shall  have 
stolen  our  game,  let  him  without  fail  pay  what  is  just ;  let  no  one 
hereafter  be  released  from  this  on  any  account.  But  if  any  one 
knows  that  this  has  been  done  by  another,  let  him  not  dare  to 
conceal  this,  in  order  that  he  may  preserve  the  fidelity  which  he 
has  promised  to  us  and  which  he  now  has  to  promise. 

40.  Lastly,  therefore,  we  desire  all  our  decrees  to  be  known  in 
our  whole  kingdom  through  our  missi  now  sent  out,  either  among 
the  men  of  the  church,  bishops,  abbots,  priests,  deacons,  canons, 
all  monks  or  nuns,  so  that  each  one  in  his  ministry  or  profession 
may  keep  our  ban  or  decree,  or  where  it  may  be  fitting  to  thank 
the  citizens  for  their  good  will,  or  to  furnish  aid,  or  where  there 
may  be  need  still  of  correcting  anything.  Likewise  also  to  the 
laymen  and  in  all  places  everywhere,  whether  they  concern  the 
guardianship  of  the  holy  churches  or  of  widows  and  orphans  and 
the  weaker  ;  or  the  robbing  of  them  ;  or  the  arrangements  for  the 
assembling  of  the  army  ;  or  any  other  matters  ;  how  they  are  to 
be  obedient  to  our  precept  and  will,  or  how  they  observe  our 
ban,  or  how  each  one  strives  in  all  things  to  keep  himself  in  the 
holy  service  of  God  ;  so  that  all  these  good  things  may  be  well 
done  to  the  praise  of  omnipotent  God,  and  we  may  return  thanks 
where  it  is  fitting.  But  where  we  believe  there  is  anything  un- 
punished, we  shall  so  strive  to  correct  it  with  all  our  zeal  and  will 
that  with  God's  aid  we  may  bring  it  to  correction,  both  for  our 
own  eternal  glory  and  that  of  all  our  faithful.  Likewise  we  de- 
sire all  the  above  to  be  fruitfully  known  by  our  counts  or  cen- 
tenarii,  our  ministerials. 

DIVISION  OF  THE  KINGDOMS.  Feby,  6,  806. 
Boretius,  No.  45,  pp.  126-130.  Latin. 
In  the  name  of  the  Father  and  Son  and  Holy  Ghost.  Charles 
most  serene  Augustus,  great  and  pacific  Emperor  crowned  by 
God,  governing  the  Roman  Empire,  and  also  by  the  mercy  of 
God  King  of  the  Franks  and  Lombards,  to  all  the  faithful  of  the 
holy  church  of  God  and  to  our  subjects  present  and  future. 


28  TRANSLATIONS  AND   REPRINTS. 

As  we  believe  it  is  known  to  all  of  you  and  hidden  from  none 
of  you  how  the  divine  clemency,  by  whose  will  earthly  tendencies 
to  decay  are  checked  through  successive  generations,  has  of  His 
great  mercy  and  kindness  richly  endowed  us  by  giving  to  us  three 
sons,  because  through  them  in  accordance  with  our  vows  and 
our  hopes  He  has  strengthened  the  kingdom  and  has  made  the 
chance  of  oblivion  in  the  future  less;  accordingly  we  wish  to  make 
this  known  to  you,  namely,  that  we  desire  to  have  these  our  sons 
by  the  grace  of  God  as  associates  in  the  kingdom  granted  to  us 
by  God  as  long  as  we  live,  and  after  our  departure  from  this  life 
we  desire  to  have  them  as  heirs  of  the  empire  preserved  and  pro- 
tected by  God  and  of  our  kingdom,  if  this  is  the  will  of  the  divine 
majesty.  In  order  that  we  may  not  leave  it  to  them  in  confusion 
and  disorder  or  provoke  strife  and  litigation  by  giving  them  the 
whole  kingdom  without  division,  we  have  caused  to  be  described 
and  designated  the  portion  which  each  one  of  them  ought  to  en- 
joy and  rule;  in  this  manner  forsooth  so  that  each  one,  content 
with  his  own  portion  in  accordance  with  our  ordination,  may 
strive  with  the  aid  of  God  to  defend  the  frontiers  of  his  kingdom 
and  preserve  peace  and  charity  with  his  brothers. 

1.  It  has  pleased  us  to  divide  the  empire,  preserved  and  protected 
by  God,  and  onr  kingdom  so  that  to  our  beloved  son  Louis  we 
have  assigned  the  whole  of  Aquitaine  and  Gascony,  except  the 
province  of  Tours,  and  whatever  is  beyond  to  the  west  and  towards 
Spain  and  from  the  city  Nevers,  which  is  situated  on  the  river 
Loire,  with  the  province  of  Nevers,  the  province  of  Avallon  and 
Auxois,  Chalon,  Macon,  Lyons,  Savoy,  Maurienne,  Tarantaise, 
Mont  Cenis,  the  valley  of  Susa  to  the  Clusce  and  thence  from 
the  Italian  mountains  to  the  sea,  these  provinces  with  their 
cities  and  whatever  is  beyond  these  on  the  south  and  west  as  far 
as  the  sea  or  Spain,  that  is  that  portion  of  Burgundy  and  Pro- 
vence and  Septimania  or  Gothia. 

2.  To  our  beloved  son  Pippin  Italy,  which  is  also  called  Lom- 
bardy  and  Bavaria,  just  as  Tassilo  held  it,  with  the  exception  of 
the  two  villas  of  Ingolstadt  and  Lauterhofen  which  we  formerly 
gave  to  Tassilo  as  a  benefice  and  which  belong  to  the  district  which 
is  called  the  Northgau,  and  from  Alemannia  the  part  which  is  on 
the  south  bank  of  the  river  Danube,  and  from  the  source  of  the 
Danube  in  a  direct  line  as  far  as  the  river  Rhine  on  the  boundary 
of  the  districts  of  Klettgau  and  Hegau  at  the  place  which  is  called 


DIVISION  OF  THE  KINGDOMS.  20, 

Enge,  and  thence  up  the  river  Rhine  to  the  Alps;  whatever  is 
within  these  limits  and  extending  to  the  south  or  east  together 
with  the  duchy  of  Chur  and  the  canton  of  Thurgau. 

3.  To  our  beloved  son  Charles  moreover  we  have  granted  all  of 
our  kingdom  that  is  outside  of  these  limits,  that  is  France  and 
Burgundy,  except  that  part  which  we  have  given  to  Louis,  and 
Alemannia,  except  the  portion  which  we  have  assigned  to  Pippin, 
Austria  and  Neustria,  Thuringen,  Saxony,  Friesland,  and  the 
part  of  Bavaria  which  is  called  the  Northgau;  so  that  Charles  and 
Louis  may  be  able  to  go  into  Italy  to  bear  aid  to  their  brother,  if 
such  a  necessity  should  arise,  Charles  by  the  valley  of  the  Aosta 
which  is  in  his  kingdom  and  Louis  by  the  valley  of  the  Susa; 
Pippin  also  has  the  means  of  ingress  and  exit  by  the  Norican 
Alps  and  Chur. 

4.  Moreover  we  have  arranged  these  dispositions  in  such  a 
manner  that  if  Charles,  who  is  our  eldest  son,  should  die  before 
his  other  brothers,  the  part  of  the  kingdom  which  he  held  shall 
be  divided  between  Pippin  and  Louis,  just  as  formerly  it  was 
divided  between  us  and  our  brother  Karlmann,  in  such  wise  that 
Pippin  may  have  that  portion  which  our  brother  Karlmann  had, 
and  Louis  may  receive  that  part  which  we  obtained  in  that  ap- 
portionment. 

But  if  during  the  lifetime  of  Charles  and  Louis,  Pippin  should 
pay  the  debt  of  nature,  Charles  and  Louis  shall  divide  between 
them  the  kingdom  which  he  had,  and  this  division  shall  be  made 
in  such  a  manner  that  from  the  entrance  of  Italy  by  the  city  of 
Aosta,  Charles  shall  receixe  Ivrea,  Vercelli,  Pavia,  and  thence 
along  the  river  Po,  following  its  course  to  the  territory  of  Reggio 
and  Reggio  itself,  and  Cittanuova  and  Modena  up  to  the  bound- 
ary of  the  territory  of  St.  Peter.  These  cities  with  their  suburbs 
and  territories  and  the  counties  which  belong  to  them,  and  what- 
ever is  beyond  towards  Rome  on  the  left,  from  the  kingdom  which 
Pippin  had,  together  with  the  duchy  of  Spoleto,  let  Charles  re- 
ceive this  portion  just  as  we  have  described  it;  but  of  the  afore- 
said kingdom  whatever  from  the  aforesaid  cities  or  counties  lies 
on  the  right  as  one  goes  towards  Rome,  that  is,  the  portion  which 
remains  from  the  region  beyond  the  Po,  together  with  the  duchy 
of  Tuscany  as  far  as  the  southern  sea  and  Provence,  Louis  shall 
receive  to  increase  his  kingdom. 

But  if  Louis  shall  die  during  the  lifetime  of  the  others,  Pippin 


30  TRANSLATIONS  AND  REPRINTS. 

shall  receive  that  part  of  Burgundy  which  we  have  joined  to  the 
kingdom  of  Louis  together  with  Provence  and  Septimania  or 
Gothia,  as  far  as  Spain;  and  Charles  shall  receive  Aquitaine  and 
Gascony. 

5.  But  if  a  son  shall  have  been  born  to  any  one  of  these  three 
brothers,  whom  the  people  wishes  to  elect  so  that  he  may  succeed 
his  father  in  his  kingdom,  we  wish  that  the  uncles  of  the  boy  shall 
consent  to  this  and  shall  permit  the  son  of  their  brother  to  rule  in 
the  portion  of  the  kingdom  which  his  father,  their  brother,  held. 

6.  After  this  disposition  by  our  authority  it  has  pleased  us  to 
decree  and  command  in  the  case  of  our  aforesaid  sons,  for  the  sake 
of  the  peace  which  we  desire  to  be  perpetual  among  them,  that  no 
one  of  them  shall  presume  to  invade  the  frontiers  or  boundaries  of 
his  brother's  kingdom,  or  fraudulently  enter  to  disturb  his  king- 
dom or  diminish  his  territory,  but  each  of  them  shall  help  his 
brother  and  shall  bear  aid  to  him  against  his  enemies,  either 
within  the  country  or  against  foreign  nations,  so  far  as  the  occa- 
sion may  demand  and  he  may  be  able. 

7.  Nor  shall  any  one  of  them  receive  a  vassal  of  his  brother, 
who  may  flee  to  him  for  any  cause  or  crime  whatsoever,  nor  shall 
he  intercede  for  that  one,  because  we  will  that  any  man  who  sins 
and  needs  intercession  shall  flee  either  to  the  sacred  places  or  to 
honorable  men  within  the  kingdom  of  his  lord,  and  thence  shall 
merit  a  just  intercession. 

8.  Likewise  we  command  that  if  any  free  man  shall  have  de- 
serted his  lord  against  the  will  of  the  latter  and  shall  have  gone 
from  one  kingdom  into  another,  neither  shall  the  king  himself  re- 
ceive such  a  man  nor  consent  to  his  vassals  receiving  the  man  or 
daring  unjustly  to  retain  him. 

9.  Wherefore  it  seems  fitting  to  us  to  command  that  after  our 
departure  from  this  life  the  vassals  of  each  one  of  them  shall  re- 
ceive benefices  only  in  the  kingdom  of  his  lord  and  not  in  the 
kingdom  of  another,  lest  perchance  if  it  should  be  otherwise  some 
trouble  might  arise.  But  each  one  of  their  vassals  shall  have, 
without  contradiction,  any  inheritance  that  may  fall  to  him  in 
whatsoever  kingdom  he  may  happen  to  have  it  lawfully. 

10.  And  each  free  man,  after  the  death  of  his  lord,  shall  be 
allowed  to  commend  himself  within  these  three  kingdoms  to 
whomsoever  he  shall  have  chosen;  likewise,  also,  he  who  has  not 
yet  commended  himself  to  any  one. 


DIVISION   OF  THE   KINGDOMS.  3 1 

ii.  \ Concerning  cessions  and  sales,  such  as  are  wont  to  be  made, 
we  command  that  no  one  of  these  three  brothers  shall  acquire,  by- 
cession  or  purchase  from  any  individual,  real  estate  in  the  king- 
dom of  another,  that  is,  land,  vineyards,  forests,  and  serfs  of  the 
glebe  or  other  things  comprised  under  the  name  of  inheritable 
property,  except  gold,  silver,  jewels,  arms,  clothing,  serfs  not 
bound  to  the  soil,  and  such  things  as  are  recognized  to  be  prop- 
erly negotiable.  But  we  have  decided  that  this  should  not  be  in- 
terdicted at  all  to  other  free  men. 

12.  If,  moreover,  women,  as  is  wont  to  happen,  shall  be  sought 
in  legitimate  marriage  by  men  from  another  kingdom,  their  just 
demands  shall  not  be  denied,  but  they  shall  be  allowed  both  to 
give  and  receive  the  women,  and  to  bind  the  peoples  together  by 
ties  of  relationship.  And  the  women  themselves  shall  keep  pos- 
session of  their  property  in  the  kingdom  from  which  they  had 
gone,  although  they  ought  to  live  in  another  for  the  sake  of  their 
husband's  society. 

13.  Concerning  the  hostages  who  have  been  given  as  pledges 
and  who  have  been  sent  by  us  to  different  places  to  be  guarded, 
we  will  that  that  king  in  whose  kingdom  they  are  shall  not  permit 
them  to  return  to  their  native  country  without  the  consent  of  his 
brother  from  whose  kingdom  they  have  been  taken,  but,  on  the 
other  hand,  in  the  future  each  shall  mutually  aid  the  other  in  re- 
ceiving hostages,  if  one  brother  shall  have  made  a  reasonable  re- 
quest of  another;  also  we  order  the  same  concerning  those  who 
have  been  sent  into  exile  for  their  crimes  or  who  shall  be  sent. 

14.  If  such  a  strife  or  contention  or  controversy  as  to  boundaries 
or  limits  of  the  kingdoms  shall  have  arisen  between  the  divisions, 
that  it  cannot  be  settled  or  ended  by  the  evidence  of  men,  then  we 
will  that,  in  order  to  settle  the  doubtful  question,  the  will  of  God 
and  the  truth  of  the  matter  shall  be  sought  by  the  ordeal  of  the 
cross,  and  such  a  contention  shall  never  be  judged  by  a  duel  of 
any  kind  or  a  judicial  combat.  If,  indeed,  any  vassal  from  one 
kingdom,  in  the  presence  of  his  lord,  shall  have  accused  a  vassal 
from  another  kingdom  of  infidelity  against  the  brother  of  his  lord, 
let  his  lord  send  him  to  the  brother  so  that  he  may  there  prove 
what  he  has  said  concerning  the  vassal  of  the  latter. 

15.  Above  all,  moreover,  we  order  and  command  that  the  three 
brothers  in  person  shall  undertake  in  common  the  care  and  de- 
fense of  the  church  of  St.  Peter,  just  as  it  was  done  formerly  by 


32  TRANSLATIONS   AND   REPRINTS. 

our  grandfather,  Charles,  and  by  our  father,  king  Pippin,  of 
blessed  memory,  and  afterwards  by  us,  so  that  with  the  aid  of  God 
they  may  strive  to  defend  it  against  its  enemies  and  may  cause  it 
to  have  its  just  dues,  as  far  as  shall  be  in  their  power  and  as  reason 
shall  demand.  Likewise,  also,  concerning  the  other  churches 
which  shall  be  under  their  power,  we  command  that  these  shall 
have  their  just  dues  and  honor,  and  the  pastors  and  rectors  of  ven- 
erable places  shall  have  power  over  the  property  which  pertains 
to  the  holy  places  themselves  in  whichsoever  of  those  three  king- 
doms the  possessions  of  those  churches  shall  be. 

1 6.  But  if  there  shall  have  been  any  infringement  upon  these 
statutes  and  conventions  by  any  accident  or  through  ignorance, 
and  we  hope  this  w7ill  not  be  the  case,  we  command  that  they  shall 
strive  as  quickly  as  possible  to  remedy  the  matter  in  accordance 
with  justice,  lest  perchance  by  the  delay  a  greater  evil  may  arise. 

17.  Concerning  our  daughters,  moreover,  the  sisters  of  our 
aforesaid  sons,  we  order  that  after  our  departure  from  this  world 
each  one  shall  be  allowed  to  choose  the  brother  under  whose 
guardianship  and  protection  she  wishes  to  be.  And  if  any  one  of 
them  shall  have  chosen  a  monastic  life,  she  shall  be  allowed  to 
live  in  honor  under  the  protection  of  her  brother  in  whose  king- 
dom she  has  wished  to  live.  Moreover,  if  any  one  of  them  shall 
have  been  sought  in  marriage  justly  and  reasonably  by  a  worthy 
man,  and  the  married  state  shall  have  been  pleasing  to  her,  she 
shall  not  be  refused  by  her  brothers,  if  the  intentions  of  the  man 
who  demands  and  of  the  woman  who  consents  shall  be  honorable 
and  reasonable. 

18.  Concerning  our  grandsons,  the  sons  of  our  aforesaid  sons, 
already  born  or  who  shall  be  born  hereafter,  it  has  pleased  us  to 
command  that  no  one  of  our  sons,  for  any  reasons  whatsoever, 
shall  cause  any  one  of  the  grandsons  who  has  been  accused  before 
him  to  be  put  to  death  or  mutilated  or  blinded  or  forcibly  shaved 
without  a  just  trial  and  examination;  but  we  will  that  they  shall 
be  honored  by  their  fathers  and  uncles,  and  shall  be  obedient  to 
these  in  all  subjection,  as  is  fitting  in  the  case  of  such  rela- 
tionship. 

19.  In  the  last  place,  it  seems  to  us  that  this  ought  to  be  com- 
manded so  that  any  decrees  or  constitutions  which  may  be  profit- 
able and  useful  to  them,  which  we  may  wish  to  add  in  the  future 
to  these  our  decrees  and  precepts,  shall  be  observed  and  obeyed 


DIVISION   OF  THE   KINGDOMS.  33 

by  our  beloved  sons  aforesaid,  just  as  we  have  commanded  that 
these  decrees  and  prescriptions  shall  be  obeyed  and  observed. 

20.  Moreover,  all  of  these  things,  which  we  have  so  arranged  and 
set  forth  in  order,  we  have  so  decreed,  that  so  long  as  it  may  please 
the  divine  majesty  to  preserve  our  life,  our  power  shall  be  the 
same  over  the  kingdom  preserved  by  God  and  over  that  empire  as 
it  has  been  up  to  this  time  in  all  our  royal  and  imperial  rule  and 
ordination  and  domination,  and  so  that  we  may  enjoy  the  obe- 
dience of  our  beloved  sons  aforesaid  and  of  our  peoples  beloved  by 
God,  with  all  the  submission  which  is  due  to  a  father  from  his 
sons,  and  to  an  emperor  and  king  from  his  peoples.    Amen. 


